- 2 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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