Searcy M. Ferguson, Jr., and Elizabeth L. Ferguson - Page 9

                                        - 9 -                                         
          Petitioners’ 2000 Federal Income Tax Return                                 
               Petitioners filed a 2000 Federal income tax return on                  
          December 12, 2001.5  Respondent timely mailed a statutory notice            
          of deficiency to petitioners.  Petitioners timely filed a                   
          petition with this Court for a redetermination of the determined            
          deficiency and filed an amended petition on October 7, 2004.                
          Petitioners subsequently submitted an amended 2000 Federal income           
          tax return (amended tax return) in connection with respondent’s             
          Appeals Office review of the instant case.  With the exception of           
          certain disputed deductions that are described in detail below,             
          the parties stipulate that the amended tax return accurately                
          reflects petitioners’ tax liability for 2000.                               
                                     Discussion                                       
               The parties dispute whether petitioners are entitled to                
          deductions with respect to (1) the alleged abandonment of the               
          Vernon property by petitioner’s bankruptcy estate, (2) the                  
          alleged theft of the diamond ring by Ms. Smith, (3) the alleged             
          failure of Ms. Smith to assume the obligation for the liens on              
          the Southampton property, and (4) the alleged failure of Ms.                
          Smith to file a proper 1986 Federal income tax return.                      
               Deductions are a matter of legislative grace, and                      
          petitioners bear the burden of proving that they are entitled to            


               5Petitioners had filed a request to extend the filing due              
          date to Oct. 15, 2001.                                                      





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