Albert Lemishow - Page 8

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          of first impression involving unclear statutory language.                   
          Hitchins v. Commissioner, 103 T.C. 711, 720 (1994).                         
               Since this is the first time we have considered the rollover           
          requirements as to the specific character of the property to be             
          transferred, we find for petitioner as to the negligence penalty            
          imposed on the portion of the underpayment attributable to the              
          distributions used to purchase the stock.  The record contains no           
          facts pertaining to petitioner's failure to report any portion of           
          the distributions.  Thus, we find petitioner liable for the                 
          negligence penalty imposed on the portion of the underpayment               
          attributable to the $102,519 not used to purchase the stock.                
               In keeping with the above holdings,                                    
                                                  Decision will be entered            
                                             under Rule 155.                          






















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