Orneal and Martha Kooyers, et al. - Page 2

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          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.                                          





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