- 2 - 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.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