Estate of Keith L. Gurr - Page 7




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          of $12,673 constituted ordinary income.                                     
               Finally, on their 1993 return, petitioner and Mr. Gurr                 
          claimed a $158,841 net operating loss carryover from 1992.  That            
          carryover loss claimed on the 1993 return was disallowed in the             
          notices of deficiency because the adjustments to the 1992 tax               
          return fully eliminated any carryover loss to 1993.                         
               As a result of the adjustments to the 1993 return,                     
          respondent determined that $3,936 in Social Security benefits               
          received by petitioner and Mr. Gurr constituted taxable income.             
               Petitioner was not involved in keeping the books and records           
          for the real estate activity.  However, she was familiar with the           
          manner in which Mr. Gurr maintained his records.  His system of             
          record keeping was simply retaining receipts and other documents            
          accumulated over the year, which he gathered up at the end of               
          each year and took to their accountant to be sorted out for                 
          income tax purposes.  Petitioner knew, however, that Mr. Gurr's             
          system of record keeping was deficient in many respects, as                 
          evidenced by the fact that substantially all the adjustments in             
          the notices of deficiency were based upon the failure to                    
          substantiate the amounts claimed on their joint returns as                  
          capital gain losses and the failure to substantiate the character           
          of their reported capital gains.  At trial, petitioner testified:           
          "The whole reason we are here today is because of Keith Gurr's              
          poor record keeping."  That testimony was corroborated by                   





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