- 3 - 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 willPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011