Henry A. Julicher - Page 2




                                        - 2 -                                         
          related penalty under section 6662(a) of $19,145.  By amendment             
          to answer, respondent asserted an increase in the deficiency.  By           
          motion at the end of trial to conform the pleadings to the                  
          evidence under Rule 41(b)(1), respondent asserted that petitioner           
          is liable for a fraud penalty under section 6663 on the portion             
          of the alleged underpayment attributable to a claimed casualty              
          loss deduction.                                                             
               We must decide the following issues:                                   
               Whether respondent is entitled under the circumstances of              
          this case to amend his answer under Rule 41(b)(1) to assert fraud           
          under section 6663.  We hold that he is not so entitled.  Having            
          so held, we need not, and do not, address the question of whether           
          petitioner is liable for fraud.                                             
               Whether petitioner is entitled to a casualty loss deduction            
          in 1994 under section 165 with respect to the collapse of a                 
          portion of the roof of petitioner’s warehouse.  We hold that                
          petitioner is not entitled to a casualty loss deduction because             
          there was a reasonable prospect of recovery of insurance proceeds           
          during 1994.                                                                
               Whether, and to what extent, petitioner is entitled to a               
          depreciation deduction during the year in issue.  We hold that              
          petitioner is entitled to a depreciation deduction in the amount            
          claimed on his 1994 Federal income tax return, based on his                 








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011