Eddie Cordes, Inc., et al. - Page 50




                                       - 50 -                                         
                         identical adjustment in docket No. 5508-99, in               
                         order to protect the Government’s interest.                  
                         Respondent concedes this adjustment in docket No.            
                         19027-98.                                                    
                    4.   Respondent concedes petitioner may be entitled to            
                         deduct a larger amount for charitable                        
                         contributions for the taxable year, as and to the            
                         extent shown in the Rule 155 computation.                    
                    5.   Respondent’s adjustments computationally                     
                         eliminated petitioner’s net operating loss for               
                         1994.  In accordance with certain of respondent’s            
                         concessions and for purposes of the Rule 155                 
                         computation, respondent concedes petitioner                  
                         incurred a net operating loss for 1995, in an                
                         amount at least equal to $48,872, and that it may            
                         be carried back to petitioner’s 1992 taxable year.           
                    6.   Respondent determined petitioner was liable for an           
                         accuracy-related penalty pursuant to sec. 6662(a).           
                         Respondent concedes that determination.                      
          II. Docket No. 4816-99, Joseph P. and Jean Ann Richard:                     
               A.   1994:                                                             
                    1.   The parties previously agreed to increase and                
                         decrease taxable income to account for a Schedule            
                         A expense, Schedule C expenses and depreciation,             
                         Schedule E income and expenses, and the self-                
                         employment tax and the self-employment tax                   
                         deduction.                                                   
                    2.   Respondent made various computational changes to             
                         petitioners’ taxable income so that the limitation           
                         of itemized deductions was increased, itemized               
                         deductions were eliminated, the standard deduction           
                         was allowed, and the exemption amount under sec.             
                         151(d)(3) was reduced.  The extent to which these            
                         changes affect petitioners’ ultimate liability               
                         will be calculated in the Rule 155 computation.              
               B.   1995:                                                             
                    1.   The parties previously agreed to increase and                
                         decrease taxable income to account for a Schedule            
                         A expense, Schedule C expenses and depreciation,             
                         Schedule E income and expenses, and the self-                
                         employment tax and the self-employment tax                   
                         deduction.                                                   
                    2.   Respondent made various computational changes to             
                         petitioners’ taxable income so that the limitation           
                         of itemized deductions was increased, itemized               
                         deductions were eliminated, the standard deduction           
                         was allowed, and the exemption amount under sec.             
                         151(d)(3) was reduced.  The extent to which these            
                         changes affect petitioners’ ultimate liability               
                         will be calculated in the Rule 155 computation.              
                    3.   Respondent increased petitioners’ taxable income             





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