Antonio B. Secapure - Page 4

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          services in connection with the 1995 sale of the Chevron gas                
          station business.                                                           
               In 1995, the buyers made payments to petitioner on the                 
          $65,000 loan totaling $7,253.  Of that amount, $4,054 was                   
          interest and $3,199 was principal.  Also in 1995, petitioner                
          leased the land and building to the buyers.                                 
          C.   Petitioner’s Other Income in 1995                                      
               In 1995, petitioner received taxable pension income of                 
          $11,061 and taxable interest income of $42 in addition to the               
          interest from the installment sale of the Chevron gas station               
          business.                                                                   
          D.   Petitioner’s Returns                                                   
               Alberto S. Nunez (Nunez) prepared and signed (as preparer)             
          petitioner and petitioner’s spouse’s joint 1994 return on August            
          6, 1996.  Petitioner and his spouse also signed that return on              
          August 6, 1996.  They claimed no deduction for depreciation                 
          related to the Chevron gas station business on their 1994 return.           
               Petitioner applied for and received an automatic 4-month               
          extension to file his 1995 return.  Nunez prepared a joint 1995             
          return for petitioner and his spouse.  Nunez signed the 1995                
          return on August 14, 1996.  Petitioner paid Nunez $1,375 to                 
          prepare that return.  Petitioner and his spouse did not report              
          the sale of the Chevron gas station business on their 1995                  
          return.  Petitioner and his spouse reported $615 of tax due on              






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