- 2 - 6662(a).1 After concessions,2 there are two issues for decision: (1) Whether petitioners are entitled to deductions under section 162(a) for expenses relating to a real estate activity, and (2) whether petitioners are liable for an addition to tax under section 6651(a)(1) for failure to file their 2002 return timely. Background At the time the petition was filed, Mila Alemasov (petitioner) and Victor Popov were married and resided in San Francisco, California.3 Petitioner was born in Russia, immigrated to the United States when she was a child, and has resided in San Francisco since 1979. She has a bachelor’s degree in international business from San Francisco State University and a master’s 1Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the year at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2In the notice of deficiency, respondent determined that petitioners had rental income of $3,876 not reported on Schedule E, Supplemental Income and Loss. At trial, respondent conceded $3,692 of this adjustment. Respondent conceded the remaining $184 of the adjustment in his brief to the Court. These concessions prompted respondent to further concede that petitioners were not liable for the sec. 6662(a) accuracy-related penalty since that adjustment was based on the conceded unreported rental income. 3The parties did not submit an agreed stipulation of facts at trial as required by Rule 91(a); yet, of the 17 exhibits accepted into evidence during the trial, 16 were filed as joint exhibits. Counsel for the parties are experienced attorneys before this Court, and such practices are not in accord with the spirit of this Court’s Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007