Lauro G. and Gayle W. Guaderrama - Page 2




                                         - 2 -                                           
                    Docket No.      Year            Deficiency                           
                    16255-97        1993            $35,452                              
                                    1994            17,053                               
                    20939-97        1992              112,339                            
                                    1993            1,054                                
               1 This amount is based on a $16,046 adjustment to income                  
          under the indirect method (the source and application of funds                 
          method).  In the stipulation of facts, however, respondent and                 
          petitioner Steve H. Benavidez (Benavidez) agree that Benavidez                 
          failed to report taxable income of $8,646, rather than $16,046,                
          for the 1992 taxable year.                                                     
               These cases have been consolidated for purposes of trial,                 
          briefing, and opinion.                                                         
               After concessions by Benavidez,1 the issue for our                        
          consideration is whether the transaction between petitioners                   
          should be treated as a sale-leaseback or a financing arrangement.              
                                   FINDINGS OF FACT2                                     
               Petitioners Lauro and Gayle Guaderrama (the Guaderramas) and              
          Benavidez resided in Las Cruces, New Mexico, at the time their                 
          petitions were filed in these consolidated cases.                              
               Prior to 1991, Benavidez owned a restaurant and bar called                
          Steve’s Tavern.  Steve’s Tavern burned down in 1989.  Steve’s                  
          Tavern was insured, and Benavidez received the insurance proceeds              
          approximately 6 to 8 months after the fire.  The insurance                     


               1 The parties have stipulated that petitioner Steven H.                   
          Benavidez (Benavidez) is not entitled to a deduction for                       
          amortization of the cost of his liquor license.                                
               2 The stipulation of facts and exhibits attached thereto are              
          incorporated herein by this reference.                                         




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