Emil Fankhauser - Page 2

               Respondent determined a deficiency in petitioner's 1993                
          Federal income tax in the amount of $4,422, an addition to tax              
          under section 6651(a) in the amount of $3, and an accuracy-                 
          related penalty under section 6662(a) in the amount of $884.                
               The issues for decision are:  (1) Whether petitioner is                
          entitled to a deduction for a loss from an S corporation; and               
          (2) whether the understatement, if any, of tax required to be               
          shown on petitioner's 1993 Federal income tax return was due to             
          his negligence or disregard of rules or regulations.  The                   
          resolution of the first issue depends upon whether a valid S                
          corporation election was filed by the corporation to which the              
          loss is attributable.                                                       
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          Petitioner filed an untimely Federal income tax return for the              
          year 1993, on May 6, 1994.  At the time the petition was filed,             
          he resided in Westlake, Ohio.                                               
               In 1992 petitioner established and incorporated under Ohio             
          law Fankhauser Management, Inc. (Management).  Petitioner was the           
          sole shareholder of Management during all relevant periods.                 
          Management was formed in order to operate a teenage activity                
          center.  Although there is conflicting evidence on the precise              
          date, it appears that the business of Management began in January           
          1993.                                                                       







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