- 2 - effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. The issues for decision are: (1) Whether petitioner is liable for additions to tax for negligence under section 6653(a); (2) whether petitioner is liable for the addition to tax for a substantial understatement under section 6661; (3) whether this Court has jurisdiction to review the section 6621(c) tax- motivated interest assessed by respondent and remaining unpaid by petitioner; and (4) if this Court does have jurisdiction to review the tax-motivated interest, whether such interest was properly assessed in this case.1 The issues in this case concern petitioner’s participation as a limited partner in Yuma Mesa Jojoba, Ltd. (Yuma Mesa or the partnership).2 1In her petition, as twice amended, petitioner raised the additional issues of (1) alleged errors by respondent in determining the correct amount of interest; (2) the possible applicability in this case of sec. 6404(g), regarding suspension of interest and penalties; and (3) the denial of a request for abatement of interest. Petitioner, however, did not include these issues in either her trial memorandum or her post-trial brief. We therefore consider them to have been abandoned. 2The underlying deficiency in this case is based upon a computational adjustment made by respondent in accordance with partnership level adjustments. Those adjustments were upheld by this Court in Cactus Wren Jojoba, Ltd. v. Commissioner, T.C. Memo. 1997-504. In that case, this Court reviewed respondent’s determinations with respect to Yuma Mesa and a related partnership. We held that the partnerships did not directly or indirectly engage in research or experimentation and that the partnerships lacked a realistic prospect of entering into a trade or business. In upholding respondent’s disallowance of $1,298,031 in research and experimental expenditures claimed by (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011