Denis H. Dieker, Jr., and Shirley J. Dieker, et al. - Page 2

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          respondent determined the following deficiencies in petitioners’            
          Federal income tax:                                                         
                                                  Deficiency                          
                    Petitioners                        1998        1999               
          Denis H. Dieker, Jr., and Shirley J. Dieker  $3,911    $117,495             
          John R. Pierce and Sandee Pierce             3,911     117,494              
          Steven A. Nienke and Vickie L. Nienke        32,921    988,914              
          After concessions,2 the sole issue for our consideration is                 
          whether a liability claimed through petitioners’ S corporation              
          met the requirements of the “all-events test” including the                 
          economic performance principles of section 461(h).3                         
                                     Background                                       
               These cases were submitted fully stipulated under Rule 122,            
          and the stipulated facts are so found. All petitioners resided              
          in Kansas at the time their respective petitions were filed.                
               Collectively, petitioners own National Contractors, Inc.               
          (National), an S corporation that operates a construction                   
          business in Wichita, Kansas.  At all pertinent times, National              
          was owned as follows:                                                       






               2Petitioners concede the deficiencies for the taxable year             
          1998 and certain other adjustments to income for the taxable year           
          1999.                                                                       
               3Unless otherwise indicated, all section references are to             
          the Internal Revenue Code and all Rule references are to the Tax            
          Court Rules of Practice and Procedure.                                      




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