- 2 - OPINION LARO, Judge: Michael W. and Charlotte S. Phillips petitioned the Court for redetermination of deficiencies determined by respondent for their 1984 and 1986 taxable years in the amounts of $25,471 and $69,714, respectively. After petitioners conceded the deficiency for 1984, the sole issue for decision is whether petitioners avoided recapture of an investment credit claimed for property of a partnership subject to sections 6221 through 62311 (the partnership provisions of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 324) as a result of filing an amended return revoking the credit subsequent to the disposition of the property. We hold that they did not avoid recapture. Background This case was submitted to us fully stipulated. The stipulation of facts and the attached exhibits are incorporated herein by this reference. A summary of the facts relevant to our decision is as follows. Petitioners resided in Miami, Florida, at the time they petitioned the Court. During the years 1985 and 1986 they were partners in Ethanol Partners, Ltd. I (Ethanol). The Schedules K-1 they received from Ethanol for taxable year 1985 reported property eligible for regular investment credit in the total 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011