William J. Fleischaker and Donni L. Fleischaker - Page 28




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          affd. 64 F.3d 1406 (9th Cir. 1995).  The regulations authorize               
          two types of disclosure under section 6662(b)(2): (1) Disclosure             
          in attachments to the return, see sec. 1.6662- 4(f)(1), Income               
          Tax Regs., and (2) disclosure on the return, see sec. 1.6662-                
          4(f)(2), Income Tax Regs.  Petitioners did not file any separate             
          disclosure statement; therefore, they must demonstrate that they             
          adequately disclosed all relevant information on their tax                   
          returns.                                                                     
               Petitioners assert that they adequately disclosed the items             
          at issue on their 1991 and 1992 returns.  The return for each                
          year contained two Schedules C for businesses for which                      
          petitioner was identified as the sole proprietor, one for                    
          "William J. Fleischaker, M.D." for which the principal business              
          was the provision of medical services and another for "Deborah               
          Fleischaker, et al." for which the principal business was oil and            
          gas production.  On the Schedules C for petitioner's oil and gas             
          production for 1991 and 1992, petitioner claimed legal and                   
          professional expenses of $439,871 for 1991 and $51,950 for 1992.             
          None of the claimed legal and professional expenses were related             
          to petitioner’s oil and gas production activity.  Except for                 
          $11,149 of the fees claimed in 1992, the fees claimed as legal               
          and professional fees from oil and gas production were for                   
          payments made by petitioner under his guaranty obligations for               







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