-8- as ordinary income of the taxpayers in the taxable year of receipt. (8) Any future cash payments on notes financing the purchase of the container, which are either required by a court of law or by a settlement based on pending litigation with respect to the debt, will be allowed as an operating expense in the year paid. [Item (4) would then be superseded.] Petitioners’ 1984 Federal Income Tax Return On Schedule C attached to petitioners’ 1984 Federal income tax return, petitioners claimed a $27,300 depreciation deduction and reported a $27,300 net loss with respect to petitioner’s investment in the FoodSource program. Also, on Form 3468, Computation of Investment Credit, attached to their 1984 return, petitioners claimed a $218 investment tax credit with respect to petitioner’s investment in the FoodSource program. Respondent disallowed the claimed depreciation deduction, investment tax credit, and loss. OPINION Issue 1. Validity of the Closing Agreement for 1984 Initially, we must determine whether the closing agreement entered into by petitioners and respondent in August 1989 precludes petitioners from claiming the disputed deduction, credit, and loss for 1984. Petitioners contend that the closing agreement is applicable only to those years enumerated therein (namely, 1979, 1980, 1982, and 1983), and hence has no applicability to 1984. Respondent, on the other hand, contends that the closing agreementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011