- 3 - proved a substantial omission of income under section 6501(e)1 to extend the period of limitations to 6 years.2 FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. At the time they filed their petition, Paul Tanner (hereinafter, petitioner) and Beverly Tanner resided in Dallas, Texas.3 At the time of trial, petitioner was 70 years old and retired. Before his retirement, petitioner bought, sold, and invested in private and public companies. In 1992, petitioner planned to acquire control of Polyphase Corp. (Polyphase). Before Polyphase entered into negotiations with petitioner, it required petitioner to sign a “lockup agreement”. This lockup agreement was a contractual obligation that restricted for 2 years petitioner’s ability to dispose of any Polyphase stock that he might acquire while he had more than 5 percent beneficial ownership in the corporation. 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue. 2 Petitioners also argue that they are entitled to a deduction for personal exemptions of $4,900. As the deduction for personal exemptions is computational, we leave it for the parties to compute in accordance with this decision. 3 Petitioners filed a joint return for the 1994 taxable year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011