Maintenance, Painting & Construction, Inc. - Page 2

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          6651(a)(1).2  The deficiency and addition to tax were reflected             
          in a notice of deficiency issued to petitioner on November 30,              
          2001, and result from respondent’s disallowance of petitioner’s             
          deduction of a $234,265 net operating loss (NOL) carryover from             
          its 1996 taxable year.  Petitioner concedes that it is not                  
          entitled to the NOL deduction and alleges in an amendment to                
          petition filed with the Court on June 13, 2003, that it                     
          “abandoned certain depreciable assets in the tax year 1997, and             
          is entitled to a deductible loss for the amount of the basis in             
          said assets for that year.”  The amendment does not list the                
          amount of the claimed loss but references an amended return                 
          prepared by petitioner on August 28, 2002, claiming an                      
          abandonment loss of $246,382.  Petitioner asserts in its opening            
          brief that its abandonment loss is actually $169,439.                       
               We decide first whether petitioner may deduct an abandonment           
          loss for the subject year.  We hold it may not.  We decide second           
          whether petitioner is liable for the addition to tax determined             
          by respondent under section 6651(a)(1).  We hold it is.                     
                                  FINDINGS OF FACT                                    
               Some facts were stipulated.  The stipulated facts and the              
          accompanying exhibits are incorporated herein by this reference.            


          2 Unless otherwise indicated, section references are to the                 
          applicable versions of the Internal Revenue Code, Rule references           
          are to the Tax Court Rules of Practice and Procedure, and dollar            
          amounts are rounded to the nearest dollar.                                  




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