George Vajda - Page 2




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          respectively.  Respondent also determined that petitioner was               
          liable for section 6662(a) accuracy-related penalties of $908,              
          $370, and $241 for the respective years and a $120 addition to              
          his 1996 tax under section 6651(a)(1).1  Respondent’s                       
          determinations stem in part from adjustments that respondent made           
          to depreciation deductions claimed by Thoroughbred Breeders                 
          Partnership (TBP), a partnership in which petitioner is a                   
          partner.  For 1994, TBP was subject to the Tax Equity and Fiscal            
          Responsibility Act of 1982, Pub. L. 97-248, sec. 402(a), 96 Stat.           
          648.  Petitioner also petitioned the Court for that year in his             
          capacity as TBP’s tax matters partner.                                      
               We decide first whether TBP may deduct the disputed                    
          depreciation.  We hold it may not.  We decide second whether                
          petitioner had sufficient basis to deduct losses which passed               
          through to him from his wholly owned S corporation, Calvary                 
          Equities, Inc. (Calvary).  We hold he did.2                                 


               1 Section references are to the Internal Revenue Code in               
          effect for the subject years.  Rule references are to the Tax               
          Court Rules of Practice and Procedure.  Dollar amounts are                  
          rounded.                                                                    
               2 The pleadings in this case raise three additional issues:            
          (1) Whether petitioner is liable for the addition to tax under              
          sec. 6651(a), (2) whether petitioner is liable for the accuracy-            
          related penalties under sec. 6662(a), and (3) whether respondent            
          is barred by the period of limitation under sec. 6501 from                  
          assessing tax for the subject years.  As to the first of these              
          issues, we hold for petitioner on the basis of our finding that             
          he filed his 1994 return timely.  As to the other two issues, we            
                                                             (continued...)           





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