Ernest I. Korchak - Page 23

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          Respondent’s Affected Items Adjustments                                     
               On October 6, 2003, respondent issued a notice of deficiency           
          (notice) for 1982 to petitioner.  Respondent determined that                
          petitioner was liable for additions to tax under sections                   
          6653(a)(1) and (2) and 6659, and increased interest under section           
          6621.  In the Form 886-A, Explanation of Items, accompanying the            
          notice, respondent explained that he had adjusted petitioner’s              
          reported basis in the recyclers to zero and disallowed the loss             
          and the investment and business energy credits petitioner claimed           
          with respect to Madison pursuant to our decision in docket No.              
          10601-88.  In Form 4549A, Income Tax Examination Changes,                   
          accompanying the notice, respondent informed petitioner that the            
          notice reflected only additions to tax.                                     
               On December 29, 2003, petitioner’s petition disputing                  
          respondent’s adjustments, denying that petitioner had acted                 
          negligently in the preparation of his tax return or in the                  
          valuation of the assets on the underlying return, and denying               
          that he had engaged in a tax-motivated transaction was filed.               
          The resulting case was tried on September 9, 2004, and both                 
          parties submitted posttrial briefs.                                         
                                       OPINION                                        
               We have decided many Plastics Recycling cases.  Most of                
          these cases, like the present case, raised issues regarding                 
          additions to tax for negligence and valuation overstatement.                






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