Timothy L. and Jane Williams - Page 2

                                        - 2 -                                          

          Penalty                                                                      
          Year          Deficiency           Sec. 6662(a) and (d)                      
               1991           $4,024                      - 0 -                        
          1992           14,645                     $2,929                             
          1993            8,013                      1,603                             
               All references to petitioner are to Timothy L. Williams.                
          All numbers are rounded to the nearest dollar.  After                        
          concessions,2 the issue for decision is whether petitioners are              
          entitled to deduct losses attributable to certain S corporations             
          in excess of the amounts allowed by respondent.  Disposition of              
          this issue turns on the amount of petitioner’s basis in his stock            


               2 The deficiencies and penalties reflect, in part,                      
          adjustments for unreported income.  At trial and on brief                    
          petitioners specifically contested only the adjustments relating             
          to disallowance of S corporation losses.  All uncontested                    
          adjustments and liability for accuracy-related penalties with                
          respect to any substantial understatements of tax are deemed to              
          be conceded.  Rule 149(b); Murphy v. Commissioner, 103 T.C. 111,             
          119 (1994); Rothstein v. Commissioner, 90 T.C. 488, 497 (1988).              
               Petitioners in their petition raised an issue relating to               
          their tax liability for a year not covered by the notice of                  
          deficiency.  They alleged that, owing to a return preparer’s                 
          error, a net loss incurred for 1989 by petitioner’s wholly owned             
          S corporation was not claimed on petitioners’ tax return for that            
          year.  Petitioners subsequently filed a claim for refund of                  
          $12,988, which the Internal Revenue Service denied by letter                 
          dated April 22, 1993.  With respect to this issue, we can only               
          observe that the jurisdiction of this Court to redetermine                   
          petitioners’ correct tax liability is limited to the years                   
          covered by the notice of deficiency, 1991 through 1993.  Sec.                
          6214(b).  Petitioners did not claim an NOL carryover from 1989 on            
          their returns for any of the years in issue, and they have not               
          shown that they would be entitled to carry forward any NOL that              
          may have arisen in 1989 without first carrying it back to the                
          preceding 3 years.  Sec. 172(b)(2) and (3).  Consequently, the               
          alleged overpayment of tax for 1989 has no relevance to the                  
          issues that are properly before us.  Cf. Lone Manor Farms, Inc.              
          v. Commissioner, 61 T.C. 436, 440-442 (1974), affd. without                  
          published opinion 510 F.2d 970 (3d Cir. 1975).                               



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