- 2 - the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Petitioners agree with respondent's adjustments relating to petitioners' 1985 income tax return and do not contest the additions to tax. The sole issue for decision is whether petitioners may use income averaging to compute their 1985 tax liability. Background The parties submitted this case fully stipulated pursuant to Rule 122. At the time the petition was filed, petitioners resided in Stillwater, New Jersey. During 1985, Mr. Butcher was a self-employed certified public accountant. On their 1985 return, petitioners reported a $68,204 loss relating to JGD Associates, L.P. (JGD Associates). In 1993, Mr. Butcher pleaded guilty to violating section 7206(1) (i.e., to willfully subscribing to a 1985 income tax return that he did not believe to be true and correct as to every material matter). In his plea, Mr. Butcher admitted that petitioners were not entitled to the $68,204 deduction. In January 1994, petitioners filed an amended 1985 return, on which they increased their total taxable income by $68,204 (i.e., the amount of the disallowed deduction). Petitioners computed their 1985 tax liability pursuant to the income- averaging method. This computation was based on the taxablePage: Previous 1 2 3 4 Next
Last modified: May 25, 2011