- 8 - of the Code and that thereunder petitioner's Federal income tax liability for 1986 was open for 1 year from June 29, 1995 (the day the Court’s March 30, 1995, decision became final),3 in order for respondent to mail to petitioner a timely notice of deficiency for 1986. The underlying basis for the $375,173 income tax deficiency reflected in respondent’s notice of deficiency to petitioner for 1986 is based on respondent’s recomputation of the taxable gain petitioner realized on receipt of the properties received in liquidation of LY Enterprises. Based on the alleged underlying grounds for settlement of the depreciation adjustment that was involved in the 1989 Fong case (that petitioner had total tax bases in the properties of approximately $2 million), respondent determined that on December 31, 1986, when the properties were received by petitioner, the properties had a fair market value of $2,033,000 and that such value, reduced by petitioner’s $75,000 tax basis in the stock of LY Enterprises, produced a taxable gain of $1,958,000 to petitioner for 1986. With regard to the substantive merits of respondent’s underlying tax adjustment for 1986, petitioner alleges that on liquidation of LY Enterprises and on receipt of the properties in 1986, corporate liabilities of LY Enterprises were assumed by 3 Under sec. 7481(a) and Rule 190, where no appeal is filed, a Tax Court decision becomes final 90 days after the decision is entered.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011