- 2 -
briefs and memoranda in support of and in opposition to these
motions. Respondent determined the following deficiencies in,
and additions to, petitioner's1 Federal income taxes:
Addition to Tax
Year Deficiency Sec. 6653(b)
1979 $50,487.36 $25,243.68
1980 52,617.33 26,308.67
Unless otherwise noted, all section references are to the
Internal Revenue Code in effect for the years in issue, and all
Rule references are to the Tax Court Rules of Practice and
Procedure. For taxable year 1979, respondent determined a total
adjustment to income of $130,930.37, of which $122,975.37 was
attributed to undistributed taxable income from Johnson
Programming Services, Inc. (JPS). For taxable year 1980,
respondent determined a total adjustment to income of
$105,430.17, of which $58,602.34 was attributed to undistributed
taxable income from JPS. Petitioner's motion requests the Court
to rule as a matter of law that JPS was not a corporation taxable
under subchapter S of the Internal Revenue Code (S corporation).
Respondent's cross-motion requests the Court to rule as a matter
1 In the notice of deficiency, respondent also determined
the deficiencies (but not the additions to tax) against
petitioner's wife at the time, Mary Ann Johnson. Respondent has
agreed that Mary Ann Johnson qualifies as an innocent spouse, and
she is not a petitioner in this case.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011