June Cordes, et al. - Page 50




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                         unsubstantiated bad debts for the taxable year.              
                         Respondent concedes this adjustment.                         
                    3.   Respondent disallowed $140,873 of petitioner’s               
                         reported interest expense deduction for 1993 to              
                         reflect unsubstantiated interest expenses for the            
                         taxable year.  Petitioner concedes that                      
                         adjustment, to the extent of $142,214.                       
                         a.    As a mathematical computation, petitioner’s            
                               concession is in excess of that which                  
                               respondent determined was unsubstantiated.             
                               The parties stipulated, however, that                  
                               $19,105 is properly at issue.                          
                         b.    Respondent concedes that portion of the                
                               $19,105 paid which constitutes a safe-haven            
                               rate of interest calculated, pursuant to               
                               sec. 482 and the regulations thereunder, on            
                               the underlying loan, to the extent that                
                               portion exceeds the amount paid on that                
                               underlying loan already allowed as an                  
                               interest expense on the underlying loan                
                               ($895).                                                
                    4.   Petitioner claimed a net operating loss for 1994             
                         and carried a loss back to 1993.  Petitioner                 
                         concedes it was not entitled to claim a net                  
                         operating loss in 1994 or carry a loss back to               
                         1993.                                                        
                    5.   Respondent recomputed petitioner’s environmental             
                         tax and environmental tax deduction.  Petitioner             
                         presented no argument regarding this                         
                         recomputation, and we deem petitioner to have                
                         conceded this adjustment.                                    
                    6.   Respondent determined petitioner was liable for a            
                         civil fraud penalty for 1993 in the amount of                
                         $13,428 pursuant to sec. 6663.  Respondent                   
                         concedes that determination.                                 
                    7.   Respondent determined petitioner was liable for a            
                         penalty for 1993 pursuant to sec. 6662(a) for                
                         substantial understatement of tax.  Petitioner               
                         presented no argument regarding the penalty.  We             
                         deem petitioner to have conceded the application             
                         of the penalty.                                              
          III. Docket No. 20254-94, June Cordes:                                      
               A.   1989:                                                             
                    1.   Respondent determined petitioner was allowed a               
                         deduction for 1989 for a personal exemption in the           
                         amount of $2,000.  Petitioner did not dispute this           
                         determination, and we deem petitioner to have                
                         conceded this adjustment.                                    





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