- 15 - activities. Respondent's notice of deficiency states as follows: The total deductions of $98,183.00 shown on your return are reduced by $39,186.00 because to the extent that the total deductions from passive activities exceed the total income from such activities for the tax year, the excess is not allowed as a deduction for that year. Therefore, your taxable income for the taxable year ended December 31, 1992 is increased $39,186.00. The total deductions of $105,470.00 shown on your return are reduced by $51,416.00 because to the extent that the total deductions from passive activities exceed the total income from such activities for the tax year, the excess is not allowed as a deduction for that year. Therefore, your taxable income for the taxable year ended December 31, 1993 is increased $51,416.00. Respondent determined that petitioner is liable for the additions to tax under section 6651(a)(1) for 1989 because petitioner's 1989 return was not timely. Petitioner does not challenge this adjustment. Finally, respondent determined that petitioner is liable for the addition to tax under section 6662(a) for the years in issue because of a substantial understatement of tax with respect to each of those years. OPINION Personal Holding Company Tax The first issue for decision is whether petitioner is subject to the personal holding company tax imposed byPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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