Timothy and Deborah Provost - Page 2




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                                  Additions to Tax                  Penalty           
          Year    Deficiency      Sec. 6651(a)(1)    Sec. 6654    Sec. 6662           
          1989      $45,048            $9,010           --         $11,143            
          1990      40,128            10,032          $2,642          --              
          1991      23,336            4,445            1,207          --              
          1992      35,613            8,361            1,448          --              
               All section references are to the Internal Revenue Code in             
          effect for the years in issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure.                                  
                                  FINDINGS OF FACT                                    
               Petitioners, husband and wife, resided in Perrineville, New            
          Jersey, at the time their petition was filed.  In 1985, Mr.                 
          Provost and two other investors formed Sandew Homes, Inc.                   
          (Sandew), an S corporation.  Mr. Provost guaranteed several                 
          mortgage loans relating to properties owned by Sandew.  On their            
          1989 return, petitioners deducted a $159,565 ordinary loss, a               
          $58,863 net operating loss carryforward from 1988, and $29,086 of           
          mortgage interest payments, relating to Sandew.  Petitioners                
          filed their 1989 return on April 7, 1994.                                   
               On July 12, 1993, petitioners filed a petition in the U.S.             
          Bankruptcy Court for the District of New Jersey under chapter 11            
          of the U.S. Bankruptcy Code.  Petitioners' bankruptcy action was            
          converted from a chapter 11 to a chapter 7 case on July 11, 1994.           
          On April 14, 1997, petitioners were discharged from bankruptcy.             








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