Lucila Novoa - Page 2

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          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               After concessions by the parties,1 the issues remaining for            
          decision are: (1) Whether petitioner had unreported income from             
          her trucking business of $25,6482 as determined by respondent or            
          some lesser amount; (2) whether respondent properly increased               
          petitioner's net rent income by $6,166; (3) whether petitioner              
          had gain of $2,350 or some lesser amount from the sale of a truck           
          held for use in her trucking business; and (4) whether petitioner           
          is liable for the accuracy-related penalty pursuant to section              
          6662(a).                                                                    
               We hold that petitioner had $17,449 of unreported income,              
          reflecting a reduction of $8,199 that petitioner received from              
          nontaxable sources.  We hold that petitioner had additional net             
          rent income of $6,134 and gain of $2,350 on the sale of her                 
          truck.  Finally, we hold that petitioner is liable for the                  
          accuracy-related penalty.                                                   


               1 Petitioner claimed a $2,117 income tax credit for the                
          purchase of a diesel-powered vehicle and for the purchase of                
          gasoline and diesel fuel pursuant to sec. 34.  Respondent                   
          disallowed the credit in the statutory notice of deficiency.  On            
          brief, petitioner conceded that she is not entitled to the fuel             
          tax credit under sec. 34.  Petitioner also claimed the earned               
          income credit.  Whether petitioner is eligible for the earned               
          income credit, taking into account the increase to petitioner's             
          income resulting from this decision, is to be determined in the             
          Rule 155 computation.  Respondent's concessions relate to the               
          reconstruction of petitioner's income and are explained below.              
               2 All dollar figures are rounded to the nearest dollar.                



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