- 3 - recovery (EOR) technology for the recovery of oil and natural gas. After settlement of some issues, the primary issues in these cases are: (1) Whether activities of Cromwell were engaged in for profit under section 183; (2) whether stated debt obligations of Cromwell constituted genuine debt obligations giving rise to deductible interest; and (3) whether petitioners are liable for increased interest under section 6621(c) and additions to tax under sections 6653(a)(1) and (2) and 6661. In the Krause test case opinion and in Vanderschraaf v. Commissioner, T.C. Memo. 1997-306, the first two of the above primary issues were decided against the taxpayers, and the third of the above primary issues was decided in favor of respondent as to the increased interest and in favor of the taxpayers as to the additions to tax. This Court uses show cause procedures in situations similar to the instant cases where the disposition of pending cases may be affected by a previously decided “test case”. See Lombardo v. Commissioner, 99 T.C. 342, 343-345 (1992), affd. sub nom. Davies v. Commissioner, 68 F.3d 1129 (9th Cir. 1995); Gray v. Commissioner, T.C. Memo. 1996-525; Finkelman v. Commissioner, T.C. Memo. 1994-158; Iowa Investors Baker v. Commissioner, T.C. Memo. 1992-490; Bokum v. Commissioner, T.C. Memo. 1990-21, affd. 992 F.2d 1136 (11th Cir. 1993).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