James P. Shea and Patricia H. Shea - Page 3




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                    (c) as capital losses under section 165(f), or                    
                    (d) as business bad debts within the meaning of section           
               166;2 and                                                              
               (3) whether petitioners are liable for accuracy-related                
          penalties authorized by section 6662?                                       
                                  FINDINGS OF FACT                                    
          Background                                                                  
               Some of the facts have been stipulated and are so found.  We           
          incorporate by this reference the stipulation of facts and                  
          attached exhibits.                                                          
               Petitioners James P. Shea and Patricia H. Shea were married            
          and filed a joint Federal income tax return for the taxable year            
          1992.3  At the time their petition was filed, petitioner James P.           
          Shea resided in Troy, Michigan, and petitioner Patricia H. Shea             
          resided in Ludington, Michigan.                                             
               Petitioners Christopher M. Shea and Kim A. Shea were married           
          and filed a joint Federal income tax return for the taxable year            



               2 In their petitions, petitioners asserted an additional               
          ground for deducting the losses claimed, contending that the                
          losses qualified as small business losses under sec. 1244.                  
          However, petitioners did not include the sec. 1244 issue in                 
          either their trial memorandum or their posttrial briefs and                 
          presented no evidence at trial in support of their position.                
          Consequently, the petitioners are deemed to have abandoned the              
          sec. 1244 issue.  See Bernstein v. Commissioner, 22 T.C. 1146,              
          1152 (1954), affd. per curiam 230 F.2d 603 (2d Cir. 1956).                  
               3 James P. Shea and Patricia H. Shea subsequently divorced.            





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