Burien Nissan, Inc., et al. - Page 2




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          Nissan), as follows:                                                        
                                                  Accuracy-related Penalty            
          Docket No.     Year      Deficiency          Sec. 6662(a)2                  
          9519-98        1994      $9,842         $1,792.00                           
          16916-99       1995      37,626         7,525.20                            
          16916-99       1996      20,371         4,074.20                            
               Respondent determined deficiencies and accuracy-related                
          penalties for Donald W. Johnston and Jacque C. Johnston, Deceased           
          (the Johnstons), as follows:                                                
                                                  Accuracy-related Penalty            
          Docket No.     Year      Deficiency          Sec. 6662(a)                   
          12341-98       1994      $71,837             $14,367                        
          11536-99       1995      116,984             23,397                         
               After concessions,3 the issues for decision are:  (1)                  
          Whether Burien Nissan must amortize noncompetition agreement                
          payments to Mr. Johnston over 15 years pursuant to section 197;             
          (2) whether Burien Nissan’s operating loss carryforward for 1994            


               2Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               3Burien Nissan deducted $53,500 that it paid to redeem its             
          own stock on its 1990 and 1991 Federal income tax returns.  This            
          deduction increased the amount of Burien Nissan’s net operating             
          loss carryforward into 1994.  Burien Nissan concedes that it is             
          not entitled to deduct these payments and that the net operating            
          loss carryforward has to be reduced accordingly.                            
               The Johnstons concede that they are not entitled to a                  
          capital loss for their 1994 sale of Burien Nissan stock.                    
               Respondent concedes that Burien Nissan is entitled to deduct           
          $23,533 in 1994, $15,000 in 1995, and $11,250 in 1996 in                    
          connection with payments to Gerald Buchner.  Respondent also                
          concedes the $155,842 proposed adjustment in the Johnstons’ 1994            
          interest income.                                                            





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