- 2 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011