- 2 - 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 penaltyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011