- 8 - in full the taxes and penalty shown as owing by their 1992 and 1994 returns. Shortly after March 18, 1996, Agent Urrutia proposed substantial adjustments to petitioner’s returns. On the 1991 return, Agent Urrutia found that an exchange of five duplexes and rental properties owned by petitioner for a turkey ranch owned by Horn Construction did not qualify for section 1031 exchange treatment, requiring petitioner to recognize $497,000 in capital gain. With respect to tax years 1992 and 1993, Agent Urrutia took the position that $338,163 and $429,000, respectively, of losses petitioner claimed should be disallowed because they had been incurred by Horn Enterprises. These adjustments eliminated the net operating loss carrybacks from 1993 that petitioner and his former spouse claimed on their 1990 and 1991 amended returns. Agent Urrutia also proposed late-filing and accuracy-related penalties for all years in issue. In order to persuade Agent Urrutia to concede the proposed penalties, petitioner submitted to Agent Urrutia medical records showing petitioner had been suffering psychiatric problems that, he argued, prevented him from timely and correctly preparing and filing his income tax returns. On April 24, 1996, Agent Urrutia and his manager, Faith Priest, met at the Modesto office of the Internal Revenue Service with petitioner, petitioner’s former spouse, Donna Kay Horn,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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