Leon S. Malachinski - Page 2




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          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.                                   




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