- 2 - that, once the deficiency is determined, petitioner is liable for increased interest on an underpayment attributable to a tax- motivated transaction as defined in section 6621(c). After concessions,2 the issues remaining for decision are: (1) Whether petitioner executed a valid consent to extend the period of limitations for assessment and collection of the taxes and addition to tax at issue and (2) whether petitioner is entitled to a credit of $20,400 for the taxable year in issue. FINDINGS OF FACT The parties filed a stipulation of facts, a supplemental stipulation of facts, and a second supplemental stipulation of facts, each with attached exhibits. The facts reflected therein are so found and are incorporated herein. Petitioner Leon S. Malachinski was a resident of Naperville, Illinois, when the petition herein was filed. Petitioner and Wynne Malachinski (Wynne) were married in May of 1980. During the taxable year in issue, they both were physicians. For a time, they operated a medical practice together. They filed a 1(...continued) all Rule references are to the Tax Court Rules of Practice and Procedure. 2 The parties have executed a stipulation of settled issues wherein they have settled all questions relating to the amount of, and petitioner’s liability for, the Federal income taxes and addition to tax and increased interest for the year at issue, other than the questions set forth above.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