Michael A. Lacher and Judith W. Lacher - Page 7




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               In notices of deficiency, dated November 4, 1988, respondent             
          disallowed petitioners’ claimed losses and tax credits that                   
          related to their investment in SAB.  Respondent also determined               
          that petitioners were liable for additions to tax under sections              
          6651(a), 6653(a), and 6659, and increased interest under section              
          6621(c).                                                                      
          Procedural Background                                                         
               In response to the notices of deficiency, petitioners filed              
          a petition with this Court on January 23, 1989.  In their                     
          petition, petitioners claimed that they were not liable for                   
          additions to tax under section 6653 because “[the] calculation of             
          their income tax liability for the years 1981, 1979, and 1978 and             
          their reporting of income for those years was in no way                       
          negligent.”  Petitioners did not mention or suggest in their                  
          petition the argument that they were not granted equality of                  
          treatment as a ground for contesting the addition to tax for                  
          negligence.                                                                   
               On March 21, 1994, petitioners filed a motion for leave to               
          amend petition.  On this occasion, respondent did not object, and             
          petitioners’ motion was granted.  In their amended petition,                  
          petitioners claimed that respondent was barred under section 6501             
          from assessing deficiencies for 1978 and 1979.                                
               On April 1, 1994, we partially tried petitioners’ case.  At              
          the trial, the parties submitted a Stipulation of Settled Issues.             






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