Robert E. Iles and Monica M. Iles - Page 60

                                        -60-                                          

               We have found that Robert sold SSC to Maerki.  In 1982, SSC            
          paid $51,923.29 to SSI, of which $1,923.29 was interest.  In                
          1982, SSC paid $10,000 to Robert.  On their late-filed 1982 tax             
          return, petitioners acknowledged $61,923 gain from this                     
          transaction, thereby conceding that they did not have any as-yet-           
          unrecovered basis in SSC.  Also, petitioners do not contend that            
          they should be taxable on only 76 percent of the SSI receipts,              
          because of Doyle's 24-percent interest in SSI.  Respondent does             
          not contend that petitioners had any additional income from the             
          transaction and agrees with petitioners' long-term capital gain             
          treatment of all but the interest component.  We conclude that              
          the record clearly shows that $1,923.29 of SSC's payment to SSI             
          was interest, and we have so found.  Supra N. Second Sale of                
          Interest in Structured Shelters of Cincinnati.                              
               We hold for respondent on this issue.                                  
               Petitioners failed to file a timely 1982 tax return.  In               
          fact, petitioners' 1982 tax return was filed after the notices of           
          deficiency were issued in the instant case.  In their late-filed            
          1982 tax return petitioners acknowledged a tax liability of                 
          $3,029.  Our findings show that petitioners' 1982 income subject            
          to tax is far greater than what they reported on their 1982 tax             
          return.                                                                     
               There is no indication of offsetting deductions or credits.            







Page:  Previous  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  Next

Last modified: May 25, 2011