- 2 - greater than $355,000 (one-fourth the amount E had agreed G was worth as of the date of M's death). 1. Held: P and E are in a sufficiently close legal and economic relationship so that P is estopped by E's representation, under the duty of consistency. Held, further, P cannot increase her 1987 and 1988 NOL for previously unclaimed depreciation and amortization deductions, because she has failed to substantiate her entitlement to such deductions. 2. Held, further, additions to tax under secs. 6651, 6653, and 6661, I.R.C., are sustained. Kevin P. Kennedy and Elwood Cluck, for petitioner. Steven B. Bass, for respondent. PARR, Judge: Respondent determined deficiencies in and additions to petitioner's Federal income tax for taxable years 1987 and 1988 as follows: Additions to Tax Sec. Sec. Sec. Sec. Year Deficiency 6651 6653(a)(1)(A) 6653(a)(1)(B) 6661 1987 $7,013 $1,380 $620 1 $1,753 1988 35,574 13,398 2,856 -- 8,894 1 50 percent of the interest that is computed on the portion of the underpayment which is attributable to negligence or intentional disregard of rules and regulations. Although petitioner filed joint returns with her husband, Elwood Cluck (Elwood), Elwood is not a party herein because his liability was determined and discharged in the U.S. Bankruptcy Court for the Western District of Texas. Cluck v. United States, 165 Bankr. 1005 (W.D. Tex. 1993). After concessions,1 the issues 1 Respondent disallowed a medical expense deduction of $1,366 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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