- 2 - 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).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