- 3 - on the transaction, petitioner Dawes received a constructive dividend from Ameritech when it distributed assets to Mr. Praegitzer. After concessions,3 the issues for decision are whether petitioner Praegitzer has unreported dividend income4 and, alternatively, whether petitioner Dawes has unreported income from a constructive dividend. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts, supplemental stipulation of facts, and attached exhibits are incorporated herein by this reference. Petitioners Praegitzer resided in Palo Cedro, California, and petitioner Dawes resided in Shasta County, California, at the time they filed their respective petitions. In 1976, Kerry Dawes, the brother of petitioner Dawes, and petitioner Praegitzer began an aircraft propeller repair and maintenance business (propeller business) as a partnership in Redding, California. Kathleen Dawes began working in the propeller business within 1 year of its inception. 3 Respondent conceded that neither petitioner is liable for the accuracy-related penalty pursuant to sec. 6662(a). Respondent asserts the deficiencies against petitioners in the alternative. If we sustain respondent's determination as to petitioners Praegitzer, the issue as to petitioner Dawes would be moot. 4 There is no suggestion by any of the parties that petitioner Praegitzer did not have a dividend because 303 Products' earnings and profits were inadequate.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