- 6 - undistributed long-term capital gains from RIC's shown on the Forms 2439. See sec. 852(b)(3)(D). Instead, petitioner claimed on Schedule D, Capital Gains and Losses, of each of her returns a long-term capital loss of $3,000. According to petitioner's testimony, the capital loss deductions were taken because her insurance company, Prudential, did not pay an automobile insurance claim she had with them. Petitioner presented no evidence that the Juman professional corporation was a RIC as described in section 851(a) and (b). By definition a RIC is a domestic corporation. See sec. 851(a). It is clear that Amnesty could not be a RIC because it is not a domestic corporation. Petitioner was not a shareholder of Juman or of Amnesty. Petitioner has not shown that either of the purported RIC's actually experienced any undistributed long-term capital gains or paid any tax on such gains. From petitioner's testimony it appears that Juman is a law firm that once briefly employed her and Amnesty International is the name petitioner uses when involved in matters related to her automobile accident. Neither petitioner nor Amnesty is entitled to credits for tax paid on undistributed long-term capital gains from RIC's. Petitioner presented no documentary evidence or any fathomable testimonial evidence on any other issue in the case. The court has no evidence on which to base a finding that any ofPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011