- 13 - fax, respondent faxed the following response to Mr. Koll: However, at no time did I agree, or express an opinion, as to a particular year in which the expenditures at issue (which I consider to be capital) would be deductible, since this would be based upon facts and circumstances that I am not now aware of, or at least aware of in total. I think that any such conclusion as to the proper year is premature by any of us since not all of the Barela tax returns (including, in particular, the return for calendar year 1999) have yet been filed, let alone reviewed by Eric or me. Respondent’s letter is consistent with respondent’s response to petitioner’s proposal during the negotiations. Upon receipt of respondent’s letter neither Mr. Koll nor petitioner made any attempt to respond, rebut, or dispute the contentions in respondent’s letter. Further, petitioner did not move to withdraw or to vacate the entered decision for 1998. Accordingly, we hold that the parties did not reach a binding agreement as to the allowance of the $5,433 loss. Petitioner has not otherwise shown entitlement to said loss for 1999 and is not entitled to deduct the $5,433 amount on his 1999 return. We have considered all other arguments advanced by the parties, and, to the extent that we have not addressed these arguments, we consider them irrelevant, moot, or without merit. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011