- 5 - also added a 20-percent penalty under section 6662(a)2 for negligence or disregard of the rules and regulations or, alternatively, for substantially understating the amount of income tax due. The Chongs were California residents when they petitioned this Court, and there was a short trial in San Francisco. OPINION I. Partnership Loss In early 1999, Lok Chong sent his brother a profit-and-loss statement for Gourmet Down Under. Lok didn’t send a Schedule K- 1, nor did he provide any records to verify the business purpose of the many expenses shown on the statement. This statement showed a total partnership loss of over $120,000 for the year, about $40,000 of which was attributed to Yung. Yung claimed his loss on his Schedule C as an “other expense,” but has since conceded that it should have been reported as a partnership loss on Schedule E. There are four questions which must be answered before we can determine whether Yung was entitled to a partnership loss: (1) did a partnership exist; (2) if there was a partnership, what was Yung’s distributive share; (3) what was the partnership’s 2 All section references are to the Internal Revenue Code in effect for 1998. Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011