- 2 - Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. After concessions by the parties,1 the issues for decision are: (1) Whether petitioners are entitled to deduct an aggregate partnership loss carryover in the amount of $3,313,240 for the 1994 taxable year;2 (2) whether petitioners are entitled to deduct charitable contributions in the amount of $2,024 for the 1994 taxable year; and (3) whether petitioners are liable for the accuracy-related penalty pursuant to section 6662(a) for 1994.3 Petitioners filed a timely petition with this Court. At the time of filing the petition, petitioners resided in Yarmouth, Maine. 1 Petitioner Wayne Johnson concedes he is liable for self-employment tax, and respondent concedes petitioners are entitled to a credit for one-half the self-employment tax paid. 2 Neither party has questioned the Court’s jurisdiction to adjudicate the partnership loss in this deficiency proceeding, and we therefore assume that the partnerships are small partnerships within the meaning of sec. 6231(a)(1). 3 The notice of deficiency contains adjustments to petitioners' medical expense deduction and earned income credit. These are computational adjustments which will be affected by the outcome of the other issues to be decided, and we do not separately address them.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011