Allen O. Zachman and Bernadette Zachman - Page 2




                                        - 2 -                                         

                                  Additions to Tax and Penalties                      
                                  Sec.         Sec.              Sec.                 
         Year      Deficiency     6653(a)(1)(A) 6653(a)(1)(B)*  6662(a)**             
         1987      $2,279         $114     50% of the     -–                          
                                                 interest due                         
                                                 on $2,279                            
         1988      2,912          146            -–              -–                   
         1989      7,100          -–             -–              $1,165               
              *   Sec. 6653(a)(1)(B) was repealed for 1988.                           
              **  Sec. 6662(a) was enacted in 1989, generally                         
              effective for returns the due date for which is after                   
              Dec. 31, 1989.                                                          

              The issues for decision are:                                            
              1.  Whether Oak Hill Co. (Oak Hill), a putative business                
         trust established by petitioners, should be disregarded for                  
         Federal income tax purposes because it lacks economic substance.             
         We hold that it should.                                                      
              2.  Whether petitioners are liable for additions to tax for             
         negligence pursuant to section 6653(a) for taxable years 1987 and            
         1988 and an accuracy-related penalty pursuant to section 6662(a)             
         for taxable year 1989.1  We hold that they are.                              
                                  FINDINGS OF FACT                                    
              The parties have stipulated some of the facts, which are so             
         found.  The stipulated facts and associated exhibits are                     




               1 All section references are to the Internal Revenue Code in           
          effect for the years in issue.  All Rule references are to the              
          Tax Court Rules of Practice and Procedure.                                  





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