Tracy P. Streber, F.K.A. Tracy C. Parker, et al. - Page 2

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                    R asserted inconsistent income tax deficiencies                   
               with respect to P1, P2, and P3.  R claimed that P1                     
               owned the promissory notes until the time they were                    
               paid, meaning that only P1 is taxable on the note                      
               proceeds.  In the alternative, R claimed that P1 gave                  
               P2 and P3 an interest in the joint venture at the time                 
               of its inception, meaning that only P2 and P3 are                      
               taxable on the note proceeds.  R also imposed additions                
               to tax under secs. 6653 and 6661(a), I.R.C., against                   
               all petitioners.                                                       
                    1.  Held:  P1 gave P2 and P3 certain rights under                 
               the earnest money contracts and is therefore not                       
               taxable on the note proceeds.                                          
                    2.  Held, further, P2 and P3 owned the notes at                   
               the time the notes were paid and are therefore taxable                 
               on the note proceeds.                                                  
                    3.  Held, further, R’s imposition of additions to                 
               tax under secs. 6653 and 6661, I.R.C., is not sustained                
               as to P1.                                                              
                    4.  Held, further, because P2 and P3 failed to                    
               carry their burden of proof with respect to the                        
               additions to tax, R’s imposition of additions to tax                   
               under secs. 6653 and 6661, I.R.C., is sustained as to                  
               P2 and P3.                                                             

               Timothy O'Dowd and Edwin K. Hunter, for petitioners in                 
          docket Nos. 345-92 and 352-92.                                              
               Robert I. White, Linda S. Paine, and William Grimsinger, for           
          petitioners in docket No. 900-92.                                           
               Stephen J. Davis, pro se in docket No. 352-92.                         
               William Bissell, Portia N. Rose, and David B. Mora, for                
          respondent.                                                                 









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