- 2 - Federal income taxes as follows: Addition to tax Accuracy-related penalty Year Deficiency sec. 6651 sec. 6662(a) 1991 $18,438 $2,880 $3,688 1992 868 -- -- 1993 582 -- -- Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. All dollar amounts are rounded to the nearest dollar. References to petitioner are to Miguel Espinoza Montoya. After concessions,1 the issues for decision are: (1) Whether petitioners realized capital gain in 1991 from the involuntary conversion of their property used in a trade or business. We hold they did to the extent set out below. (2) Whether petitioners are liable for the addition to tax for failure to timely file their 1991 Federal income tax return. We hold they are. (3) Whether petitioners are liable for the accuracy-related penalty pursuant to section 6662(a) either for 1Petitioners concede that they realized $18,517 of ordinary income in 1991. This is the total amount of the depreciation allowed previously on their involuntarily converted business property. See sec. 1245. The parties have resolved the issue of the amount of the Schedule F depreciation deduction that is allowable with respect to each of petitioners' 1991, 1992, and 1993 taxable years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011