John H. Miner and Holly K. Miner - Page 2




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               Petitioners' corporation, Cost Less Auto Parts, Inc. (Cost             
          Less), paid $175,000 to a shareholder (Leonard Jasiak) to buy his           
          Cost Less stock.  Around that time, Jasiak promised (for no                 
          consideration) that he would not compete against Cost Less.                 
               The issues for decision are:1                                          
               1.   Whether the fact that Jasiak voluntarily promised not             
          to compete against Cost Less entitles Cost Less to amortize any             
          of its payment for Jasiak's stock.  We hold that it does not.               
               2.   Whether Cost Less has shown that a $10,000 reduction in           
          its ending inventory for each year in issue is necessary to                 
          clearly reflect its income.  We hold that it has not.                       
               3.   Whether Cost Less or petitioners may deduct expenses              
          for the business use of petitioners' vehicle or miscellaneous               
          expenses that petitioner paid on behalf of Cost Less.  We hold              
          that they may not.                                                          





               1 Petitioners concede that, if there are deficiencies in               
          income tax for 1988 and 1991, they are liable for the addition to           
          tax under to sec. 6651(a)(1) for those years.                               
               Respondent determined that petitioners are liable for the              
          addition to tax for failure to pay estimated tax under sec. 6654            
          for 1988 and 1989.  We lack jurisdiction to decide this issue if            
          petitioners filed income tax returns for years in which the                 
          addition is asserted.  See sec. 6665(b)(2); Meyer v.                        
          Commissioner, 97 T.C. 555, 562 (1991); Fujita v. Commissioner,              
          T.C. Memo. 1999-164; Cherry v. Commissioner, T.C. Memo. 1998-360;           
          Reese v. Commissioner, T.C. Memo. 1997-346.  Petitioners filed              
          income tax returns for those years.  Thus, we lack jurisdiction             
          to decide whether petitioners are liable for the addition to tax            
          under sec. 6654 for 1988 and 1989.  Sec. 6665(b)(2).                        




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