Lowell L. and Marilyn A. Robertson - Page 2




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             Commissioner, filed at T.C. Memo. 1994-424 (hereinafter                  
             Robertson I), holding petitioners liable for additions                   
             to tax under sections 6653(a)(1) and (2) and 6661.  All                  
             section references are to the Internal Revenue Code, as                  
             amended and in effect during the years in issue.  It is                  
             also before the Court to resolve the dispute between the                 
             parties over the correct amount of the deficiencies to be                
             entered in accordance with the findings and conclusions                  
             of the Court in Robertson I, pursuant to the procedure                   
             specified in Rule 155 of the Tax Court Rules of Practice                 
             and Procedure.  In this opinion, all Rule references are                 
             to the Tax Court Rules of Practice and Procedure unless                  
             otherwise stated.                                                        
                  Robertson I dealt with petitioners' income tax return               
             for 1984 in which they claimed a loss from a sale-leaseback              
             transaction, involving computer equipment, that had been                 
             entered into by the Roscrea Trust (hereinafter sometimes                 
             referred to as the Trust) of which Lowell L. Robertson                   
             (petitioner) was a unitholder.  We held that the trans-                  
             action was a sham because it lacked economic substance and               
             was not entered into with a business purpose.  Accordingly,              
             we sustained respondent's disallowance of the loss.  We                  
             also sustained respondent's determination of petitioners'                
             liability for additions to tax under sections 6653(a)(1)                 






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