Stephen J. Roling and Peggy A. Roling - Page 7




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          $6,772 of payments for the other three contracts are not                    
          deductible and must be capitalized.                                         
               Counsel for petitioners submitted to respondent's counsel              
          unsworn, and on June 15, 2000, sworn statements from petitioner             
          and his father as evidence of the June 1994 loan to petitioners.            
          Petitioners also submitted petitioner's father's Federal income             
          tax return for 1994.  Bank records of petitioner's father from              
          1994 were unavailable.                                                      
               As part of the overall settlement, respondent conceded the             
          unreported income adjustment and the accuracy-related penalty in            
          June of 2000.  On July 21, 2000, the Court filed the parties'               
          stipulation of settlement in which it is agreed that there is a             
          deficiency in income tax due from petitioners for 1994 in the               
          amount of $2,055.  Since respondent conceded the unreported                 
          income item, the deficiency necessarily relates to a portion of             
          the timber contract downpayment adjustment.                                 
                                     Discussion                                       
               We apply section 7430 as most recently amended by Congress             
          in the IRS Restructuring and Reform Act of 1998 (RRA 1998), Pub.            
          L. 105-206, sec. 3101, 112 Stat. 685, 727.  However, the                    
          amendments made by RRA 1998 to section 7430 apply only to costs             
          incurred or services performed after January 18, 1999.  Id. at              
          729.  To the extent the claimed costs were incurred on or before            
          January 18, 1999, we shall apply section 7430 as amended by the             






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