Ted W. Gleave - Page 55

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          allowable fiscal 1981 credit.  Arc Elec. Const. Co. v.                      
          Commissioner supra; Golsen v. Commissioner, 54 T.C. 742 (1970),             
          affd. 445 F.2d 985 (10th Cir. 1971).  Accordingly, we do not in             
          the instant cases determine what is the nature of the claimed               
          carryback, nor do we at this time reconsider our holding in Arc             
          Elec.                                                                       
               We hold for respondent on this issue.                                  
                                      B. Gleave                                       
          (1) Underpayment of Tax                                                     
               We have found that respondent has shown by clear and                   
          convincing evidence that Gleave had income subject to tax in the            
          following amounts:  1980--$22,323.54; 1981--$13,719.80; 1982--              
          $106,038.75.  Supra tables 8, 9, and 10.  We have found that                
          Gleave is entitled to deductions that exceed the zero bracket               
          amount for each of these years.  Supra note 8 and associated                
          text.  It is evident, however that the deductions are not large             
          enough to eliminate Gleave’s tax liability for any of these                 
          years.  Gleave did not file tax returns for any of these years.             
          Accordingly, in the instant cases we conclude that Gleave’s                 
          entire tax liability for each year is a deficiency for that year            
          and an underpayment for that year.  Sec. 6653 (c).                          
               We discuss several of the items that led to the conclusions            
          that Gleave has an underpayment of tax for each of the years in             
          issue.                                                                      
               (a) Gleave Loans to Kenmore                                            






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