- 5 - required Bauman’s periodic attention. Petitioners’ Federal income tax return for 1981 was not received by the IRS until June 30, 1983. The record does not contain an explanation for the tardiness of petitioners’ return for taxable year 1981. Background During the taxable years at issue,3 Bauman was a limited partner in ERL. In 1980, ERL, as lessee, entered into a lease agreement with JAD Coal Co., Inc. (JAD), as lessor, to mine and market coal underlying certain land in Harlan County, Kentucky. This lease transaction was the subject of this Court’s opinion in Bauman v. Commissioner, T.C. Memo. 1988-122 (occasionally Bauman I).4 In Bauman I, this Court held that ERL’s royalty obligations under its lease agreement with JAD were not “substantially uniform” and were not “paid at least annually”. As such, we further held that the royalty obligations were not deductible as advance royalties paid or accrued “as a result of a minimum royalty provision” under section 1.612-3(b), Income Tax Regs. The Court granted respondent’s motion for partial summary judgment with respect to this minimum royalty issue. Bauman I, however, was limited to the question of whether the royalty obligations qualified under a minimum royalty provision as 3The parties have reached settlement with respect to taxable year 1979. The issues before the Court pertain to taxable years 1980, 1981, and 1982. 4The parties in Bauman v. Commissioner, T.C. Memo. 1988-122, are identical to the parties in the instant case.Page: 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