Franklin W. Briggs - Page 40




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         liability to CB&T is a nondeductible contingent liability under              
         section 461(f).30                                                            
              We sustain respondent’s determination on this issue.                    
                     Issue 5.  Additions to Tax for Late Filing                       
              Briggs untimely filed his 1986, 1987, and 1988 individual               
         Federal income tax returns on April 28, 1988, February 7, 1990,              
         and February 7, 1990, respectively.  The Morrises untimely filed             
         their 1986, 1987, and 1988 individual Federal income tax returns             
         on May 19, 1988, February 13, 1990, and February 13, 1990,                   
         respectively.  Respondent determined that petitioners are liable             
         for additions to tax pursuant to section 6651(a)(1) for the late             
         filing of their 1986 and 1987 Federal income tax returns.31                  
              Section 6651(a)(1) imposes an addition to tax if a required             
         return is not filed on or before its due date, unless it is shown            




               30 Respondent has not raised, and we do not reach, any issue           
          as to whether the deductions in issue are subject to the                    
          limitations of sec. 461(h), which provides that certain                     
          deductions cannot accrue until there has been “economic                     
          performance” with respect to the item.  We note, however, that              
          the record does not conclusively establish that Towers                      
          Construction ever reimbursed CB&T for its $460,000 payment to Key           
          West Polo against the letter of credit, or if it did, exactly               
          when.  Mr. Morris testified that Towers Development (rather than            
          Towers Construction) repaid the $460,000 out of proceeds of one             
          of its developments.                                                        

               31 Although the parties have stipulated that petitioners               
          filed their 1988 individual Federal income tax returns late,                
          respondent has not asserted sec. 6651(a)(1) additions to tax with           
          regard to the 1988 returns.                                                 




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