- 3 - 2 Fifty percent of the interest due on the entire deficiency. Some parts of the notice of deficiency that list the additions to tax do not show that respondent determined any additions to tax under sec. 6653(a)(1)B), but Schedules 5, 8, and 14 of the notice of deficiency do show these determinations. Taking the 20-page notice of deficiency as a whole, and in light of the fact that par. 3 of respondent’s answer specifically refers to sec. 6653(a)(1)(B) and that petitioners have not raised any objection to that reference, we conclude that petitioners were not misled by respondent’s failure to note the sec. 6653(a)(1)(B) determinations on several pages of the notice of deficiency where one would have expected the determinations to be noted. Accordingly, we hold that respondent made the above-noted sec. 6653(a)(1)(B) determinations in the instant case’s notice of deficiency. Bokum v. Commissioner, 94 T.C. 126, 127 n.2 (1990), affd. 992 F.2d 1132 (11th Cir. 1993); Saint Paul Bottling Co. v Commissioner, 34 T.C. 1137 (1960). After concessions by respondent2 and a deemed concession by petitioners,3 the issues for decision are as follows: 2 Among respondent’s concessions are the following: (1) Respondent concedes that petitioners timely filed their 1986 and 1988 tax returns, and thus that petitioners are not liable for the sec. 6651(a) addition to tax for 1986 and 1988. (2) Respondent concedes that the Rodriguez Key project was a transaction entered into for profit. (3) Respondent concedes, for purposes of the instant case, that petitioners’ 1984 and 1985 tax returns are correct, with the exception of the net operating “theft/casualty” loss carryover deductions claimed thereon. (4) Respondent concedes that Laney had a 1983 loss from the foreclosure of the Rodriguez Key property and that petitioners may carry this loss forward to 1986 and later years, but contends that the amount available for 1986 is $90,578.21 and that the loss is a capital loss, subject to the limitations of secs. 165(f) and 1211. The effect of this concession would be to allow petitioners to deduct $3,000 from ordinary income for each of the years in issue. 3 Although petitioners dispute the self-employment tax determinations, it appears that this is merely a consequence of their contention that they are entitled to deduct theft/casualty net operating loss carryovers, and not because they otherwise dispute the application of ch. 2. As infra table 2 shows, (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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