Don E. Kramer - Page 3




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          income tax in the amount of $17,223 and an accuracy-related                 
          penalty under section 6662(a) of $3,445 for the 1995 tax year.              
               The issues for decision are:  (1) Whether petitioner is                
          entitled to deduct on his individual income tax return losses               
          incurred in the operation of a restaurant or if such losses are             
          deductible by BERM Hospitality Services, Inc., a corporation in             
          which petitioner was the sole shareholder; and (2) whether                  
          petitioner is liable for an accuracy-related penalty under                  
          section 6662(a) for the year in issue.  Issues relating to                  
          capital losses, self-employment tax, itemized deductions, and               
          earned income credit are computational and depend upon the                  
          holding in this case.                                                       
          Background                                                                  
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time of filing the           
          petition, petitioner resided in Marion, Illinois.                           
               In August 1994, petitioner and Rich Maker (Mr. Maker) formed           
          BERM Hospitality Services, Inc. (BERM), d.b.a. D.K.’s Steak &               
          Seafood House, as a corporation under Illinois law.  Petitioner             
          and Mr. Maker were the initial shareholders of BERM, each owning            
          50 percent of the stock.  BERM conducted business operating a               
          restaurant, a cocktail bar and lounge, and banquet facilities at            
          the Holiday Inn Motel (Holiday Inn), Mt. Vernon, Illinois,                  






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