- 2 - MEMORANDUM OPINION TANNENWALD, Judge: Respondent determined the following additions to tax and penalty for petitioner's Federal income taxes1: Year Additions to Tax I.R.C. Secs. Penalty 6651(a)(1)2 6653(a)(1)(A) 6661 6662 1988 $9,398.75 $2,950.20 $14,751.00 -- 1989 4,978.25 -- -- $4,985.80 After concessions, the issue before us is whether petitioner's rental operations may be combined with a nonrental partnership operation, so that petitioner may deduct losses from the rental operation as nonpassive losses. Based on our decision on this issue, we shall have to decide whether petitioner is liable for additions to tax for delinquent filing, negligence, and substantial understatement, and an accuracy-related penalty for negligence. 1 There are no deficiencies due, because of net operating loss carrybacks to the years 1988 and 1989 from the taxable year 1990. However, it is necessary to determine whether deficiencies would otherwise have been due (if not for such carrybacks), in order to determine whether additions to tax are proper. Auerbach Shoe Co. v. Commissioner, 21 T.C. 191, 196 (1953), affd. 216 F.2d 693 (1st Cir. 1954), and cases cited thereat; see also Wentz v. Commissioner, 105 T.C. 1, 2 (1995). 2 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable years in 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 Next
Last modified: May 25, 2011