James Tinnell - Page 2




                                        - 2 -                                         
                                    Additions to tax and penalties                    
                                   Sec.                Sec.      Sec.                 
          Year           Deficiency     6651(a)(1)     6654     6662(a)               
          1991           $146,062       $15,132        $10,810   $29,212              
          1992           100,517        8,041          4,384     20,103               
          1993           405,936        38,703         4,837     81,187               
          1994           134,217        15,582         10,107    26,843               
               Following concessions,2 the issues for decision are:3                  
               (1)  Whether petitioner’s mining activity for 1991, 1992,              
          1993, and 1994 constituted an activity engaged in for profit                
          within the meaning of section 183; and                                      
               (2)  whether petitioner is liable for the accuracy-related             
          penalty due to negligence under section 6662(a) for each year in            
          issue.                                                                      





               2In a Stipulation of Settled Issues filed with the Court,              
          the parties agreed:  (1) Petitioner’s claims of alimony paid in             
          1991 and 1992 were overstated by $57,595 and $600, respectively;            
          (2) petitioner understated capital gain in 1992 by $23,380; (3)             
          petitioner understated royalty income from Zila, Inc., in 1992 by           
          $3,726; and (4) petitioner is not liable for additions to tax               
          pursuant to sec. 6651(a)(1) or sec. 6654, as determined in                  
          respondent’s notices of deficiency, for 1991, 1992, 1993, and               
          1994.  In a second Stipulation of Settled Issues filed with the             
          Court, the parties agreed:  (1) In 1991, petitioner was entitled            
          to claim a net operating loss deduction of $128,461 instead of              
          the $23,995 originally claimed; (2) in 1993, petitioner                     
          originally claimed a net operating loss carryforward deduction of           
          $101,898, and the parties agreed there is no net operating loss             
          carryforward available for deduction, unless and except to the              
          extent any determination by the Court with respect to the                   
          Schedule C mining activity in 1991 or 1992 results in a                     
          carryforward of net operating loss; and (3) in 1993, petitioner             
          understated ordinary income from the exercise of stock options in           
          Zila, Inc., by $282,979.                                                    
               3The only other issues for decision are computational.                 




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