Charles J. Dugan - Page 3

                                        - 3 -                                         
          petitioner is entitled to dependency exemptions for his two                 
          daughters; (4) whether petitioner may claim certain Schedule C              
          expenses as deductions; (5) whether petitioner is entitled to a             
          long-term capital loss deduction; and (6) whether the additions             
          to tax for failure to file and failure to pay estimated income              
          tax, pursuant to sections 6651 and 6654, respectively, should be            
          sustained.                                                                  
               For simplicity and clarity, we will first set forth the                
          relevant background facts.  We shall then combine our findings of           
          fact and opinion with respect to each issue.                                
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated herein by this reference.  At the time of filing the           
          petition herein, petitioner resided in Riverside, New Jersey.               
               During 1991, petitioner was a manager for Drink-A-Toast Co.,           
          a small soft drink manufacturing company.  Petitioner received              
          wages from Drink-A-Toast Co. totaling $39,773.  As manager,                 
          petitioner was in charge of personnel, payroll, and the                     
          manufacturing process.  Petitioner has prepared individual and              
          business income tax returns since 1975.                                     
          Issue 1 and 2.  Petitioner's Filing Status and the Filing of the            
          1991 Return                                                                 
               (a)  General                                                           
               The first two issues--(1) whether petitioner timely filed              
          his 1991 return, and (2) whether petitioner may elect "married              
          filing joint" status--are intertwined.                                      



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