Gerald and Kathleen Chamales - Page 2




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                    Held:  Ps are not entitled to a casualty loss deduction           
               for fluctuation in the market value of their property and              
               are liable for the deficiency determined by R.                         
                    Held, further, Ps are not liable for the sec.                     
               6662(a), I.R.C., accuracy-related penalty on the                       
               grounds that the deduction claimed was taken with                      
               reasonable cause and in good faith.                                    


               Bruce I. Hochman, Dennis L. Perez, and Stuart A. Simon, for            
          petitioners.                                                                
               Michele F. Leichtman and Jason M. Silver, for respondent.              


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               NIMS, Judge:  Respondent determined a Federal income tax               
          deficiency for petitioners’ 1994 taxable year in the amount of              
          $291,931.  Respondent also determined an accuracy-related penalty           
          of $58,386 for 1994, pursuant to section 6662(a).                           
               The issues for decision are as follows:                                
               (1) Whether petitioners are entitled to deduct a net                   
          casualty loss of $751,427 for the taxable year 1994; and                    
               (2) whether petitioners are liable for the section 6662(a)             
          accuracy-related penalty on account of negligence.                          
               Unless otherwise indicated, all section references are to              
          sections of the Internal Revenue Code (Code) in effect for the              
          year in issue, and all Rule references are to the Tax Court Rules           
          of Practice and Procedure.                                                  








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