Robert K. and Dawn E. Lowry - Page 19

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          when the Fitch Property was conveyed, and therefore the gain                
          realized was not taxable.  Nothing in the record supports this              
          fabrication.                                                                
               The facts in this case show that the Fitch Property was                
          conveyed to AAL by the Partnership, not the LLC, and as noted               
          previously, the Certificate of Limited Liability Company of the             
          LLC was not even filed in the Office of the Secretary of State              
          (Delaware) until September 19, 1994, at least 4 months after the            
          Fitch Property had been conveyed by the Partnership to AAL.                 
               We conclude that petitioners have failed to meet their                 
          burden of proving that they acted with reasonable cause and in              
          good faith.  Furthermore, based upon our holding on the first               
          issue in this case and concessions by petitioners, petitioners              
          owe taxes for 1994 and 1995 well in excess of the level                     
          constituting a substantial understatement.  We therefore sustain            
          respondent’s determination that petitioners are liable for the              
          accuracy-related penalty.                                                   
               In reaching our holdings herein, we have considered all                
          arguments made, and to the extent not mentioned above we find               
          them to be irrelevant, moot, or without merit.  All of                      
          petitioners’ objections on the ground of relevancy contained in             
          the Stipulation of Facts have been considered and are denied.               

                                        Decision will be entered                      
                                   for respondent.                                    





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