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issue. All Rule references are to the Tax Court Rules of
Practice and Procedure.
Respondent determined additions to, and penalties on, the
Federal income tax of petitioners for the taxable years 1987
through 1990 as follows:
Additions to Tax Penalties
Year Sec. 6653(a)(1)(A) Sec. 6653(a)(1)(B) Sec. 6659 Sec. 6661Sec. 6662(a)
1987 $3,253 50 percent of the $6,284 $11,031
interest due on
$65,053
1988 727 1,824 2,114
1989 $8,423
1990 19,293
The issues for decision are:
1. Whether to grant the parties' respective motions to
amend their pleadings; and
2. Whether the statutory period of limitations bars
respondent from recharacterizing petitioners' distributive share
of partnership losses as passive losses subject to the
limitations set forth in section 469.
Petitioners resided in West Palm Beach, Florida, at the time
they filed their petition.
Background
The background facts related below are derived from the
pleadings, the exhibits attached thereto, and other materials in
the Court's records, including the uncontroverted written
representations of the parties. To the extent we draw inferences
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