Darlene Rose Esposito a.k.a. Amnesty International - Page 6




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          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 of            








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