Thomas J. Rosser - Page 2




                                        - 2 -                                         
               After concessions, the issues for decision are:                        
               1.  Whether interest that petitioner paid in 1993 and 1994             
          for loans that he used to acquire, renovate, and operate two                
          nursing homes and to buy interests in the Sunbury building and              
          Heritage Inn partnerships is trade or business interest.  We hold           
          that interest relating to the nursing homes is trade or business            
          interest, but interest relating to the Sunbury building and                 
          Heritage Inn partnerships is not.                                           
               2.  Whether petitioner may deduct net operating losses in              
          1994 that were carried forward from 1991 and 1993.  We hold that            
          he may not.                                                                 
               3.  Whether petitioner is liable for additions to tax under            
          section 6651(a) for failure to file timely income tax returns for           
          1993 and 1994.  We hold that he is.                                         
               4.  Whether petitioner is liable for the penalty under                 
          section 6662(a) for substantial understatement of tax for 1993              
          and 1994.  We hold that he is to the extent the underpayments in            
          1993 and 1994 exceed the greater of 10 percent of the tax                   
          required to be shown on the return for each of those years, or              
          $5,000.  See sec. 6662(d)(1)(A).                                            
               Section references are to the Internal Revenue Code in                 
          effect during the years in issue.  Rule references are to the Tax           
          Court Rules of Practice and Procedure.                                      








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