- 3 - pursuant to section 6662(a) of $202,668 for 2000, and a deficiency of $1,240,280 and a penalty pursuant to section 6662(a) of $247,936 for 2001. On February 10, 2004, petitioners timely filed a petition with the Court disputing the notices of deficiency for the years in issue. On November 10, 2004, petitioners filed a motion for leave to amend petition and proposed amendment pursuant to Rule 41(a). Petitioners requested leave to file an amendment to petition and stated: 3. The issue raised by the proposed amendment was recently discovered after numerous conferences with Appeals and review of Petitioners [sic] records for 2000 and 2001. The audit for these years was just completed. 4. The question raised in the proposed argument [sic] is whether Petitioner, Ron Lehrer, was a trader in securities and, if so, whether the provision of �475(f) apply [sic] so as to allow ordinary losses as well as ordinary gains in the years in question. 5. The Amendment of this Petition was recently discussed with Respondent’s counsel and the Appeals officer. 6. All documents relating to the issue raised in the proposed amendment have been furnished to Respondent. The applicability of �475(f) is basically a legal issue. 7. Although it is in the discretion of the Court to permit amendment of the Petition, the Court should permit the Petitioners to amend their Petition to raise the issue because all issues raised in the Notices, except the negligence penalty, have been settled. The new issue was recently discovered and, all documents relating to this issue have been furnished to Respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011