- 3 -
4. No amount of the deficiencies in income taxes
resulting from disallowed deductions and credits
attributable to Winthrop Trust due from petitioners for the
1983 and 1984 taxable years are attributable to tax-
motivated transactions for the purpose of computing the
addition to tax payable pursuant to I.R.C. section 6621(c).
5. The addition to tax for negligence pursuant to
I.R.C. sections 6653(a)(1) and (2) shall not be applicable
to the 1983 and 1984 taxable years for any deficiency in
income taxes resulting from disallowed deductions and
credits attributable to Winthrop Trust.
6. The addition to tax for delinquency pursuant to
I.R.C. section 6651 shall be applicable to the 1984 taxable
year for any deficiency in income taxes resulting from
disallowed deductions and credits attributable to Winthrop
Trust.
7. The addition to tax for substantial understatement
of income tax pursuant to I.R.C. section 6661(a) shall not
be applicable to the 1983 and 1984 taxable years for any
deficiency in income taxes resulting from disallowed
deductions and credits attributable to Winthrop Trust.
These concessions should be reflected in the Rule 155
computations.
In the Stipulation of Facts filed with the Court on February
3, 1995, petitioners conceded that all losses, expenses, and
investment tax credits derived from the Kathmar Company as
partners thereof on their Federal income tax returns for 1983 and
1984 are not allowable. Thus, the issues remaining for decision,
pertaining only to the Gold Depository and Loan Company, Inc.
(GD&L) container leasing tax shelter2 through Kathmar Company,
are (1) whether petitioners are liable for the additions to tax
2 A detailed discussion of the container industry and
program, including GD&L, can be found in Weiler v. Commissioner,
T.C. Memo. 1990-562.
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