William N. and Moira M. Carlstedt - Page 2

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                            MEMORANDUM FINDINGS OF FACT AND OPINION                                      
                  NIMS, Judge1:  Respondent determined deficiencies in the                               
            Federal income tax of petitioners, William N. Carlstedt and Moira                            
            M. Carlstedt, in the amounts of $180,351 and $183,550, for the                               
            taxable years ended December 31, 1990, and December 31, 1991,                                
            respectively.  (The term petitioner will be used henceforth to                               
            refer to William N. Carlstedt.)                                                              
                  All section references are to sections of the Internal                                 
            Revenue Code in effect for the years at issue, unless otherwise                              
            indicated.  All Rule references are to the Tax Court Rules of                                
            Practice and Procedure.                                                                      
                  After concessions by petitioners, the issues for decision                              
            are as follows:                                                                              
                  1.  Whether petitioner engaged in the activity of Carlstedt                            
            Dickman, Inc. (CDI) for 500 hours or less in both 1990 and 1991,                             
            such that petitioner did not materially participate in CDI                                   
            pursuant to section 469 and temporary regulations thereunder;                                
            and, if so,                                                                                  
                  2.  Whether section 1.469-2T(f)(2), Temporary Income Tax                               
            Regs., 53 Fed. Reg. 5721 (Feb. 25, 1988), is invalid on its face                             

                  1  With the consent of counsel for the parties, the Chief                              
            Judge reassigned this case, after the death of Judge Irene F.                                
            Scott, to Judge Arthur L. Nims, III, for disposition on the                                  
            existing record.                                                                             




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