James C. and Katherine Wilkins - Page 2




                                        - 2 -                                         
                                       OPINION                                        

          DAWSON, Judge:  This case was assigned to Chief Special                     
          Trial Judge Peter J. Panuthos, pursuant to the provisions of                
          section 7443A(b)(5) and Rules 180, 181, and 183.1  The Court                
          agrees with and adopts the opinion of the Chief Special Trial               
          Judge, which is set forth below.                                            
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               PANUTHOS, Chief Special Trial Judge:  This matter is before            
          the Court on respondent’s Motion for Summary Judgment, filed                
          pursuant to Rule 121.  As explained in detail below, we shall               
          grant respondent’s motion.                                                  
                                     Background                                       
               In February 1999, petitioners filed a Form 1040, U.S.                  
          Individual Income Tax Return, for the taxable year 1998, on which           
          they reported wages of $22,379.85, total tax of $1,076, and tax             
          withholding of $2,388.  Petitioners’ tax return included two                
          Forms 2439, Notice to Shareholder of Undistributed Long-Term                
          Capital Gains.  The Forms 2439 stated that petitioners were                 
          shareholders of a regulated investment company (RIC) or real                
          estate investment trust (REIT).2  The Forms 2439 identified the             

               1  Section references are to the Internal Revenue Code, as             
          amended.  Rule references are to the Tax Court Rules of Practice            
          and Procedure.                                                              
               2  Sec. 852(b)(1) and (3)(A) provides that tax will be                 
                                                             (continued...)           





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