Yung and Anita F. Chong - Page 5

                                        - 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