Dieter Stussy - Page 2

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          through 1994 taxable years.  Respondent determined the following            
          income tax deficiencies and penalties for those years:                      
                                             Penalty                                  
                                                  Sec.                                
                    Year      Deficiency          6662(a)                             
                    1992      $8,316              $1,663                              
                    1993         8,014            1,603                               
                    1994         3,011            602                                 
               The primary issue we must decide is whether petitioner is              
          entitled to the charitable contribution carryovers that he                  
          reported for the subject years.  We hold he is not.  We also                
          decide whether petitioner is liable for the penalties determined            
          by respondent under section 6662(a).  We hold he is not.                    
               Unless otherwise indicated, section references are to the              
          Internal Revenue Code in effect for the years in issue.  Rule               
          references are to the Tax Court Rules of Practice and Procedure.            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulated facts and exhibits submitted therewith are                   
          incorporated herein by this reference.1  Petitioner resided in              
          Los Angeles, California, when he petitioned the Court.  He filed            
          1992, 1993, and 1994 Federal income tax returns and a 1992                  
          amended return.  His 1992 amended return, 1993 return, and 1994             


          1 Petitioner submitted some documents with his brief that he                
          claims were omitted from the stipulated exhibits.  We have not              
          relied on these documents.  See West 80 Street Garage Co. v.                
          Commissioner, 12 B.T.A. 798, 800 (1928); see also Saunders v.               
          Commissioner, T.C. Memo. 1992-361, and the cases cited therein.             




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