Steven D. and Teresa M. Kucera - Page 3




                                        - 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.             








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