Glenn and Marion Peterson - Page 13

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             limitations of section 1211.  Sec. 166(d); United States v.                                          
             Generes, supra; Shinefeld v. Commissioner, supra.                                                    
                    Finally, we take note of the rhetorical question which                                        
             petitioners pose in their reply brief:                                                               
                    when Petitioners lost their residence to Agway as a                                           
                    result of the guarantee, who was the real victim?                                             
                    Agway or Petitioners?                                                                         
             We are not unsympathetic to the plight of petitioners, who lost                                      
             their home in the wake of the failure of Dutchess.  Nevertheless,                                    
             petitioners may only take those deductions authorized by the                                         
             Internal Revenue Code.  See Atkinson v. Commissioner, T.C. Memo.                                     
             1984-378.                                                                                            


             Additions to Tax and Penalties                                                                       
                    Petitioners failed on brief to raise the issue of the                                         
             additions to tax and the penalty.  By not addressing these                                           
             issues, petitioners have effectively conceded them.  Sundstrand                                      
             Corp. v. Commissioner, 96 T.C. 226, 344 (1991).                                                      
                                                                   Decision will be entered                       
                                                            under Rule 155.                                       













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