- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011