- 2 - Federal income tax returns for 1998:2 Penalties Accuracy-related Fraud1 Petitioner Deficiency Sec. 6662(a) Sec. 6663 Orneal & Martha $125,772 -- $25,154 OMK Company Trust 50,221 $10,044 -- OMK Family Trust 824 165 -- 1Respondent determined in the alternative that, if Orneal and Martha Kooyers are not liable for the fraud penalty, they are liable for the accuracy-related penalty under sec. 6662(a). Respondent concedes that Orneal and Martha Kooyers are not liable for the fraud penalty under section 6663. Following that concession we must first decide whether the OMK Company Trust and OMK Family Trust (collectively the OMK trusts) should be disregarded for Federal income tax purposes. We hold that the OMK trusts are to be disregarded. Because the OMK trusts are disregarded for Federal income tax purposes, we must decide five additional issues. First, we decide whether Orneal and Martha Kooyers (petitioners) are taxable on income from Tamarisk Operations, Ltd., and Fountain Global Trust. We hold that they are not. Second, we decide whether petitioners are taxable on capital gain of $6,008 as reported by the OMK trusts or $123,391 as 2Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for 1998, and Rule references are to the Tax Court Rules of Practice and Procedure. Amounts are rounded to the nearest dollar.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011