Dennis A. and Tai K. Praegitzer - Page 3

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          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.                             



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