Claudia F. Walker - Page 11

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               Mr. Walker died on August 31, 2001, while his refund claim             
          for 1997 was pending.  On July 24, 2002, respondent disallowed              
          the refund claim that was filed by Mr. Walker for 1997 and sent             
          to petitioner a notice of deficiency for 1997 and 1998.  The                
          notice of deficiency determined that petitioner’s total tax                 
          liabilities were $11,221 for 1997 and $52,017 for 1998.                     
          Consequently, respondent determined deficiencies of $9,104 and              
          $32,949 in petitioner’s Federal income taxes for 1997 and 1998,             
          respectively, and accuracy-related penalties of $1,821 and $6,590           
          under section 6662(a) for 1997 and 1998, respectively.  The                 
          deficiencies were based on petitioner’s failure to report the               
          gain on the sale to Parker Development of the 25-percent interest           
          in the Happy Valley property that had been transferred to her               
          from Mr. Walker in September 1997.  The accuracy-related                    
          penalties were imposed because the underpayment of tax on                   
          petitioner’s 1997 and 1998 returns was determined to be                     
          attributable to petitioner’s negligence or disregard of the rules           
          or regulations under section 6662(b)(1) or, alternatively, to a             
          substantial understatement of income tax under section                      
          6662(b)(2).                                                                 
          The “Whipsaw” Position                                                      
               This case is related to a refund action that is pending                
          before the U.S. Court of Federal Claims, Walker Family Trust v.             
          United States, No. 02-1454 T.  The Walker Family Irrevocable                






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