Miguel Espinoza and Mariaclariza Montoya - Page 2




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          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.                                                         




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