Lawrence G. Williams - Page 3

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               (2) Whether petitioner is entitled to report carryforward              
          losses to which he succeeded upon termination of the Estate after           
          his debts were discharged in bankruptcy.  We hold that he is not.           
               (3) Whether petitioner is liable for each year at issue for            
          the accuracy-related penalty under section 6662(a)2 for                     
          substantial understatement of income tax.  We hold that he is               
          not.                                                                        
                                   FINDINGS OF FACT                                   
               These cases were submitted to the Court fully stipulated               
          under Rule 122.  The stipulation of facts and the accompanying              
          exhibits are incorporated by this reference, and the facts are so           
          found.3  Petitioner resided in New York, New York, when he filed            
          the petitions with this Court.4                                             
               Petitioner was a self-employed investment adviser for each             
          year at issue.  Petitioner owned all of the shares of two S                 
          corporations, Davidge & Co. (Davidge) and Kuma Securities (Kuma),           
          until December 3, 1990, the date he filed for bankruptcy.  The              


               2All section and subchapter references are to the Internal             
          Revenue Code in effect for the years at issue, unless otherwise             
          indicated, and all Rule references are to the Tax Court Rules of            
          Practice and Procedure.                                                     
               3Sec. 7491 is effective with respect to court proceedings              
          arising in connection with examinations by the Commissioner                 
          commencing after July 22, 1998, the date the Internal Revenue               
          Service Restructuring and Reform Act of 1998, Pub. L. 105-206,              
          sec. 3001, 112 Stat. 726, was enacted.  Although the examinations           
          for these cases began on Aug. 5, 1999, for 1996 through 1998 and            
          on Apr. 4, 2002, for 1999 through 2000, these cases were                    
          submitted fully stipulated.  Therefore, no facts are in dispute,            
          and we decide these cases without regard to the burden-shifting             
          rule of sec. 7491(a)(1).                                                    
               4These two cases were consolidated for trial, briefing, and            
          opinion in an order from this Court dated May 15, 2003.                     




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