John M. Schaefer - Page 2

                                          2                                           
                                                       Accuracy-related               
                                   Addition to tax     penalty                        
          Year      Deficiency     Sec. 6651(a)(1)       Sec. 6662(a)                 
          1991      $57,187        $15,064                  $11,437                   
          1992      129,170        19,577                   25,834                    
               After concessions,1 the issues for decision are:                       
               1.   Whether the Court's denial of petitioner's second                 
          motion for a continuance was proper.  We hold that it was.                  
               2.   Whether petitioner's documentary evidence was properly            
          excluded from evidence after he failed to comply with the Court's           
          orders and his agreement with respondent to identify in writing             
          and exchange that evidence with respondent.  We hold that it was.           
               3.   Whether petitioner may deduct more Schedule C and                 
          Schedule E expenses for 1991 and 1992 than respondent allowed.              
          We hold that he may not.                                                    
               4.   Whether petitioner may deduct investment interest                 
          expense for 1992.  We hold that he may not.                                 
               5.   Whether petitioner failed to report $18,795 in capital            
          gain for 1992.  We hold that he did.                                        
               6.   Whether petitioner failed to report gain of $122,000              
          from the sale of the Brentwood Apartments in 1992.  We hold that            
          he failed to report gain of $118,000.                                       



               1 Petitioner concedes that respondent properly disallowed              
          $9,883 of Olga Schaefer's Schedule C business expenses for 1991,            
          and that he failed to report interest and dividend income of $936           
          for 1992.                                                                   




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