Edward C. Tietig - Page 53




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               Petitioner concedes that he is not entitled to a net                   
          operating loss deduction in 1991 stemming from his 1990 tax year.           
               In his petition, petitioner asserted that he filed a Form              
          1040, U.S. Individual Income Tax Return, for the year 1994, which           
          resulted in a net operating loss eligible for carryback to 1991             
          of $253,889.  The notice of deficiency did not cover 1994, and              
          petitioner on brief has abandoned this assertion.  Indeed,                  
          petitioner listed this issue as one of the issues he considered             
          “not in controversy” in his reply brief.  Therefore, we consider            
          the issue conceded.                                                         
               Respondent concedes that petitioner is entitled to self-               
          employment tax deductions for the years 1990, 1991, and 1993.               
               Petitioner concedes that he had interest income from Eureka            
          Field Nursery of $33,043 in 1991.                                           
               Petitioner concedes that the correct amount of flow-through            
          income from the Kiddies 38/91 partnership during 1991 is $83,419.           
               Petitioner concedes that his distributive share from Eureka            
          Field Nursery in 1990 is $43.                                               
               The parties agree on the formula to be used for calculating            
          interest due under section 453(l)(3) for the years 1990, 1991,              
          and 1992.  The parties also agree that deductions allowed                   
          petitioner for interest paid pursuant to section 453(l)(3) for              
          the years 1990, 1991, and 1992 will be determined under a Rule              
          155 computation.                                                            






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