Timothy J. Burke - Page 2

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          report his distributive share of partnership income for the 1998            
          taxable year despite the fact that his distributive share of that           
          income was not actually distributed to him but is being held in             
          escrow because of a dispute with his former partner; (2) whether            
          respondent correctly calculated that distributive share; and (3)            
          whether petitioner is entitled to deduct certain business                   
          expenses.  After considering respondent’s motion and petitioner’s           
          response, we conclude that there remain no issues of material               
          fact that require trial.  For the reasons stated below, we will             
          grant respondent’s motion for summary judgment and deny                     
          petitioner’s motion for partial summary judgment.  Unless                   
          otherwise indicated, all Rule references are to the Tax Court               
          Rules of Practice and Procedure, and all section references are             
          to the Internal Revenue Code, as amended.                                   
                                     Background                                       
               At the time of filing the petition, petitioner resided in              
          West Roxbury, Massachusetts.                                                
               Petitioner is an attorney, admitted to practice in                     
          Massachusetts and before the United States Tax Court, and a                 
          certified public accountant.  On October 13, 1993, petitioner               
          formed a partnership (the partnership) with Jeffrey Cohen, named            
          “Cohen & Burke”, to practice law and prepare tax returns.                   
          Shortly after formation, the partnership purchased a tax                    
          preparation practice owned by the estate of Mr. Cohen’s father.             






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Last modified: May 25, 2011