Kenneth and Dorothy Hitchen - Page 11

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          Petitioners did not understand the nature of the partnership                
          losses, the farming losses, or the general business credits at              
          the time they signed their returns and the Form 1045, but they              
          did not seek advice concerning these items.                                 
               Respondent issued petitioners a notice of deficiency                   
          reflecting the deficiencies and additions to tax as heretofore              
          set forth in detail.  The underlying deficiencies in 1984 and               
          1985 are based solely on respondent’s disallowance of the general           
          business credit that petitioners sought to carry back to those              
          years using the Form 1045.  The underlying deficiencies in 1987,            
          1988, and 1989 are based on respondent’s disallowance of the                
          Schedule F losses, and on computational adjustments to                      
          petitioners’ itemized deductions resulting from these Schedule F            
          adjustments.  The Schedule F losses were disallowed on several              
          grounds, including respondent’s determination that petitioners              
          did not meet the “at risk” requirements of section 465.  The                
          general business credits also were disallowed on several grounds,           
          including respondent’s determination that the underlying property           
          did not meet the requirements of section 46(c)(8).  The                     
          partnership loss claimed by petitioners in 1987 was not                     
          disallowed in the notice of deficiency because respondent                   
          determined it to be a partnership item subject to the provisions            
          of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L.            
          97-248, 96 Stat. 324.  Based on the above adjustments, respondent           






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