Roger Leslie Wolman and Caroline R. Wolman - Page 6

                                        - 6 -                                         
          Commissioner, supra; Lattera v. Commissioner, supra; Clopton v.             
          Commissioner, supra; Simpson v. Commissioner, supra; Johns v.               
          Commissioner, supra; Boehme v. Commissioner, supra.  Given the              
          similarity of facts, it would serve no purpose to repeat the                
          analysis provided in Davis v. Commissioner, supra.  See also Sec.           
          State Bank v. Commissioner, 111 T.C. 210, 213-214 (1998)(“The               
          doctrine of stare decisis generally requires that we follow the             
          holding of a previously decided case, absent special                        
          justification.”), affd. 214 F.3d 1254 (10th Cir. 2000).                     
               Petitioners try to distinguish themselves from the Davis v.            
          Commissioner, supra, line of cases because of Mr. Wolman’s                  
          “investment” of time and money.  Petitioners do not have any                

               1(...continued)                                                        
                         (4) accounts or notes receivable acquired in the             
                    ordinary course of trade or business for services                 
                    rendered or from the sale of property described in                
                    paragraph (1);                                                    
                         (5) a publication of the United States Government            
                    (including the Congressional Record) which is received            
                    from the United States Government or any agency                   
                    thereof, other than by purchase at the price at which             
                    it is offered for sale to the public, and which is held           
                    by--                                                              
                              (A) a taxpayer who so received such                     
                         publication, or                                              
                              (B) a taxpayer in whose hands the basis of              
                         such publication is determined, for purposes of              
                         determining gain from a sale or exchange, in whole           
                         or in part by reference to the basis of such                 
                         publication in the hands of a taxpayer described             
                         in subparagraph (A).                                         





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011