Caralan Trust, et al. - Page 37




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          III.  The C. Shirleys                                                       
               A.  Deficiency in Tax                                                  
                    1.  Introduction                                                  
               C E Shirley Trust reported as income the income distribution           
          of $63,481 received from Caralan Trust.  It deducted $286 on                
          account of a distribution of income to Congo Trust.  It computed            
          a depreciation deduction of $647 and apportioned that deduction             
          in full to Congo Trust.  Congo Trust took into account both of              
          those items.  It also reported rental receipts of $12,000 on                
          account of a rental activity involving the C. Shirleys’ principal           
          residence.  It claimed related deductions (not including                    
          depreciation) of $23,101, giving rise to a loss of $11,101.                 
          Congo Trust computed a depreciation deduction of $8,558, which it           
          apportioned to the C. Shirleys.  The only trust-related item on             
          the C. Shirleys’ 1995 return is a deduction of $10,463 on account           
          of unreimbursed expenses related to Congo Trust.                            
               Respondent determined a deficiency in the C. Shirleys’ tax             
          by notice dated August 5, 1999 (the C. Shirleys’ notice).  One              
          adjustment giving rise to that determination is a positive                  
          adjustment to the C. Shirleys’ gross income of $12,000, which               
          increase is attributable to $12,000 of rental income reported on            
          the Congo Trust 1995 return.  Respondent concedes that                      
          adjustment.  A second adjustment is a negative adjustment of                
          $10,463, reflecting the C. Shirleys’ deduction of $10,463 on                






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