- 37 - 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 onPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011