Ronald A. and Carol J. Lehrer - Page 2

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          made an effective election under section 475(f) on the amendment            
          to petition.                                                                
                                     Background                                       
               At the time of the filing of the petition, petitioners                 
          resided in Byron, California.                                               
               Petitioners filed Forms 1040, U.S. Individual Income Tax               
          Return, for 1998, 1999, 2000, and 2001.  Before the filing of the           
          amendment to petition, petitioners did not make an election under           
          section 475(f) (mark-to-market election) which would make the               
          election applicable to taxable years 1999, 2000, and 2001 (years            
          in issue).  On their 1999 tax return, petitioners reported                  
          $44,004 of capital gain income.  On their 2000 tax return,                  
          petitioners reported on the Schedule D, Capital Gains and Losses,           
          a net short-term capital loss of $313,715 and subtracted from               
          income $3,000 as a capital loss.  On their 2001 tax return,                 
          petitioners reported a net short-term capital loss of $397,079 on           
          the Schedule D and subtracted from income $3,000 as a capital               
          loss.                                                                       
               On November 26, 2003, respondent issued to petitioners a               
          notice of deficiency which determined that petitioners owed a               
          deficiency of $650,411 and a penalty pursuant to section 6662(a)            
          of $130,082 for 1999.  On the same date, respondent also issued             
          to petitioners a notice of deficiency which determined that                 
          petitioners owed a deficiency of $1,013,341 and a penalty                   






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