- 2 - Respondent determined deficiencies of $6,328, $4,018, and $1,571 in petitioners’ Federal income taxes for tax years 1994, 1995, and 1996, respectively. The issues for decision are: (1) Whether petitioners’ share of income from a partnership in 1994, 1995, and 1996 is attributable to the rental of property pursuant to written binding contracts entered into before February 19, 1988; (2) whether the issue of petitioner Steven D. Kucera’s (petitioner) participation in Business Management Services, Inc. (BMS) is properly before the Court; and (3) if so, whether petitioner materially participated in BMS such that the rental income attributable to BMS should not be subject to the recharacterization rule of section 1.469-2(f)(6), Income Tax Regs. Background Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by reference. Petitioners resided in Grand Island, Nebraska, at the time the petition was filed in this case. Petitioner is a certified public accountant and has been during all years relevant in this case. Petitioner prepared joint Forms 1040, U.S. Individual Income Tax Returns, for himself and his wife, Teresa M. Kucera, for each of the years at issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011