- 9 - petitioners, if any. Telim’s books and records were not produced. The amount of petitioners’ losses with regard to their investment in Telim is not established. Petitioners’ claim--that all funds they invested in Telim should be treated as capital losses for 1990 relating to non- section 1244 stock--is inconsistent with petitioners’ settlement of their case in this Court involving 1989, pursuant to which petitioners’ Telim stock was given section 1244 stock treatment. Petitioners’ attempt to recast funds they invested in Telim as representing either loans or as nonsection 1244 stock appears to be nothing more than a belated attempt to manufacture capital losses to offset capital gain income petitioners admit they failed to report on their 1991 joint Federal income tax return. Under section 6662(a), a 20-percent accuracy-related penalty applies to underpayments of tax attributable to negligence. Petitioners argue that unforeseen delays in construction of their new residence caused them to miss the 2-year tax free roll- over period relating to gain on sale of their California residence and that they relied on their tax return preparer in deducting moving expenses paid by their employer. The credible evidence does not support petitioners’ argument. We sustain respondent’s determination of the accuracy- related penalty.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011