Lee B. Arberg and Melissa A. Quinn - Page 2




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               Roger D. Lorence, for petitioners.                                     
               Stephen R. Takeuchi, for respondent.                                   


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               WHERRY, Judge:  Respondent determined a Federal income tax             
          deficiency for petitioners’ 2000 taxable year in the amount of              
          $167,221 and a penalty pursuant to section 6662(a) in the amount            
          of $33,444.1  After concessions, the principal issues for                   
          decision are:                                                               
               (1) Whether petitioners are entitled to report claimed gains           
          and losses in ordinary income on account of an alleged business             
          of petitioner Lee B. Arberg (Mr. Arberg) as a trader in                     
          securities within the meaning of section 475(f)(1);                         
               (2) whether petitioners are entitled to deduct various                 
          business expenses claimed in connection with the securities                 
          trading and/or a consulting business of Mr. Arberg; and                     
               (3) whether petitioners are liable for the section 6662(a)             
          accuracy-related penalty for 2000.                                          
          Certain additional adjustments; e.g., to itemized deductions, are           
          computational in nature and will be resolved by concessions made            
          and our holdings on the foregoing issues.                                   


               1 Unless otherwise indicated, section references are to the            
          Internal Revenue Code of 1986, as amended and in effect for the             
          year in issue, and Rule references are to the Tax Court Rules of            
          Practice and Procedure.                                                     





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