Tracy P. Streber, F.K.A. Tracy C. Parker, et al. - Page 3

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                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               HALPERN, Judge:  For 1985, respondent determined                       
          deficiencies in income tax and additions to tax against                     
          petitioners Larry B. Parker (Parker) and Martha A. Parker                   
          (Martha) resulting from their failure to report gain with respect           
          to payments received in discharge of two $2 million notes.  For             
          1985, respondent also determined deficiencies in income tax and             
          additions to tax against Parker's two daughters, petitioners                
          Tracy P. Streber (Tracy) and Teresa P. Delony (Teresa), and                 
          against Teresa's husband, petitioner Stephen J. Davis (Davis),              
          for failure to report gain with respect to those same payments.             
          Respondent has taken inconsistent positions but does not seek to            
          tax the same gain twice.  She asks the Court to determine who, as           
          between the Parkers, on the one hand, and the daughters and                 
          Davis, on the other, is properly taxable with respect to the                
          payments in question.  Because the cases of those various                   
          petitioners involve common questions of fact, they have been                
          consolidated for trial, briefing, and opinion.                              
               Although Teresa and Davis jointly petitioned the Court to              
          redetermine the deficiency and additions to tax determined by               
          respondent, Davis, in the prosecution of his case, has failed to            
          proceed as provided by the Tax Court Rules of Practice and                  
          Procedure.  The Court therefore holds him in default and will               






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