- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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