- 2 - MEMORANDUM FINDINGS OF FACT AND OPINION LARO, Judge: This is an affected items proceeding arising from disallowed partnership losses claimed for 1989 and 1991 by Timeshare Breeding Service 1989-1, J.V. (TBS 89-1), a cattle partnership organized, promoted, and operated by Walter J. Hoyt III (Hoyt).2 Petitioner was a partner in TBS 89-1, and he reported his distributive shares of its reported losses on his 1989 and 1991 Federal income tax returns. Respondent determined that petitioner is liable for the following accuracy-related penalties with respect to his reporting of those disallowed losses:3 Accuracy-related penalties Year Sec. 6662(a) Sec. 6662(h) 1989 -0- $3,577.20 1991 $5,669.40 -0- 2 Respondent’s disallowance of these losses was upheld in Durham Farms #1, J.V. v. Commissioner, T.C. Memo. 2000-159, affd. 59 Fed. Appx. 952 (9th Cir. 2003). 3 For 1989, respondent determined that the accuracy-related penalty under sec. 6662(h) applied to the portion of petitioner’s underpayment resulting from a disallowed depreciation deduction claimed by TBS 89-1. For 1991, respondent determined that petitioner had an underpayment attributable to one or more of the following under sec. 6662(a) and (b): (1) Negligence or disregard of rules or regulations; (2) substantial understatement of income tax; (3) substantial valuation misstatement. Because respondent in his posttrial opening brief addresses only the first two elements, we consider respondent to have waived any argument that petitioner’s underpayment for 1991 was attributable to a substantial valuation misstatement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007