- 7 - Respondent also determined that petitioners were not entitled to claimed investment interest expense deductions for 1992 and 1993. Finally, respondent determined accuracy-related penalties pursuant to section 6662 for each of the years in issue and additions to tax pursuant to section 6651(a) for petitioners' failure to timely file their tax returns for each of the years in issue.2 OPINION Issue 1. Sale of Restaurant The first issue for decision concerns the nature of the transfer of Stanton Mexicatessen to Ms. Eagatatt, that is, whether petitioners sold the assets of the restaurant to Ms. Eagatatt, as petitioners assert, or merely gave her a security interest in the assets of the restaurant, as respondent maintains. Preliminarily, we note that although petitioners reported the sale of the restaurant on their 1994 tax return, the transaction in fact occurred on September 15, 1993. (Petitioners maintain they reported the loss from the purported sale of the restaurant on their 1994 tax return on the advice of their accountant.) Because the transaction occurred in 1993, petitioners are not entitled to the loss in 1994, and we sustain respondent's determination for that adjustment for that year. See sec. 165(a). However, because 2 Other adjustments in the notice of deficiency relating to self-employment taxes are computational and not in dispute.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011