Kristine A. Cluck - Page 2

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               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...)           




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