-2- as respondent contends, or as a return of capital, as petitioners contend). In the event we accept respondent’s characterization of these payments, then we must further decide whether petitioners are liable for the section 6662(a) accuracy-related penalty. All section references are to the Internal Revenue Code for the year in issue, all Rule references are to the Tax Court Rules of Practice and Procedure, and all dollar amounts have been rounded. Some of the facts have been stipulated and are found accordingly. The stipulation of facts and the attached exhibits are incorporated herein by this reference. FINDINGS OF FACT At the time they filed their petition, petitioners Max M. and Joan E. Greenberg, husband and wife, resided in San Diego, California. They timely filed a joint Federal income tax return for 1990. Pioneer Mortgage, Inc. Pioneer Mortgage, Inc. (Pioneer Mortgage or the company) was incorporated by Morrie Naiman (M. Naiman) on July 12, 1967. In 1975, M. Naiman died; thereafter his nephew, Gary Naiman (G. Naiman) continued the business previously conducted by his uncle (viz, the secondary mortgage market in the San Diego area) using the Pioneer Mortgage name for several interrelated companies.1 G. 1 G. Naiman operated and controlled the following (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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