- 2 - Held: The advances were debt, and P is subject to the sec. 884 excess interest tax provisions. Held, further, sec. 884 and regulations interpreted--excess interest tax provisions apply. Held, further, the questioned assets are includable in the excess interest tax computation. Michael Rosenthal and Thomas E. Busch, for petitioner. Jonathan J. Ono, for respondent. GERBER, Judge: For the taxable years ended September 30, 1989, 1990, and 1991,1 respondent determined deficiencies in petitioner's Federal income taxes in the amounts of $35,529, $71,692, and $84,331, respectively. Respondent also determined an $8,433 addition to tax under section 6651(a)(1)2 for 1991. The issues for our consideration are: (1) Whether petitioner is liable for excess interest tax under section 884(f)(1)(B) for 1989, 1990, and 1991; (2) if petitioner is liable for the excess interest tax, whether certain assets should be included in the taxable base; and (3) whether petitioner is liable under section 6651(a)(1) for failure to timely file a return for 1991. 1 All taxable years shown in this opinion, although expressed simply as years, refer to taxable years ended Sept. 30 of the referenced year. 2 Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the period under consideration. Rule references are to this Court's Rules of Practice and Procedure.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