Terry Nathan Norman - Page 3

                                        - 2 -                                         
               Respondent determined a $3,674 deficiency in petitioner’s              
          2002 Federal income tax.  After a concession by respondent,1 the            
          issues for decision are:  (1) Whether petitioner was a partner in           
          Physical Therapist Search International, Ltd. Limited Partnership           
          (PTSI or the partnership); (2) if he was a partner in PTSI,                 
          whether petitioner must report a distributive share of PTSI’s               
          income; (3) whether petitioner is entitled to a theft loss                  
          deduction under section 165(e) relating to certain actions taken            
          by PTSI’s general partner; and (4) whether respondent is estopped           
          from asserting a deficiency against petitioner.                             
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and attached exhibits are                  
          incorporated herein by this reference.  Petitioner resided in               
          Playa Del Rey, California, when his petition was filed.  For                
          convenience, we combine our findings and discussion herein.                 
          Burden of Proof                                                             
               Pursuant to section 7491(a), the burden of proof as to                 
          factual matters shifts to respondent under certain circumstances.           
          See also Rule 142.  Petitioner has neither alleged that section             
          7491(a) applies nor established his compliance with the                     
          requirements of section 7491(a)(2)(A) and (B) to substantiate               


               1 Respondent concedes that petitioner is not liable for                
          self-employment tax of $1,194.  The adjustments in respondent’s             
          notice of deficiency not addressed in this opinion are                      
          computational.                                                              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011