- 4 - AAL issued to the partnership a Form 1099-A, Acquisition or Abandonment of Secured Property, indicating that the partnership had an outstanding debt of $3,218,046 on the Fitch property and that the Fitch property had been surrendered to AAL on December 15, 1993, at an appraised value of $1,915,000. On October 14, 1994, the partnership filed an amended return for 1993, which included a statement that the information contained in the Form 1099-A issued by AAL was "wholly inaccurate" and that AAL erred in reporting the transaction during 1993. The statement indicated that a deed in lieu of foreclosure was delivered to AAL on May 27, 1994, and further indicated that the Fitch property had been transferred to Lowry Wells Limited Liability Company which "will correctly report this 1994 event on a 1994 return and realize and recognize any gains (or losses) as is appropriate in that filing." Following an examination of the partnership's return for 1994, respondent issued a 30-day letter to the partnership including an examination report which stated in pertinent part: "On 12-15-93, it [the partnership] surrendered the property back to the Lender [AAL]". Respondent subsequently issued a notice of deficiency to petitioners determining deficiencies in and accuracy-related penalties with respect to their Federal income taxes for 1994 and 1995. Contrary to the examination report attached to the 30-day letter, respondent determined that thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011