Robert & Diane Schwartz - Page 2




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                                                  Penalty                             
                    Year        Deficiency        Sec. 6662                           
                    1994      $51,294             $10,259                             
                    1995      58,018              11,604                              
                    1996      45,101              9,020                               
                    1997      25,635              5,127                               
          The issues for decision are:  (1) Whether the deductions taken by           
          petitioner Robert Schwartz (Mr. Schwartz) and petitioner Diane              
          Schwartz (Mrs. Schwartz) (collectively, petitioners) related to             
          flowthrough losses incurred by Diane Racing International’s                 
          (Diane Racing’s) yacht activity were from an activity entered               
          into for profit for 1994, 1995, 1996, and 1997 (years in issue)             
          within the meaning of section 183;1 and (2) whether petitioners             
          are liable for accuracy-related penalties under section 6662.2              
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time they filed              
          the petition, petitioners resided in Islip, New York.                       



               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               2  Petitioners also dispute the allowable portion of their             
          itemized deductions claimed for each of the years in issue.  As             
          this issue is computational, we leave it for the parties to                 
          compute in accordance with this decision.                                   





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