- 2 - 6651(a)(1)1 of $205,028.25 and $592.50, respectively, for 1997 and 1999. After concessions,2 the issues for decision are: (1) Whether respondent bears the burden of proof under section 7491(a). We hold that respondent does not; (2) whether petitioner Joseph Dunne was a shareholder of FRC International, Inc. (FRC), in 1997 and whether petitioners must pay income tax on FRC’s income under section 1366. We hold that Mr. Dunne ceased to be a shareholder of FRC on May 8, 1997, and therefore under section 1377(a)(1) petitioners are liable for paying income tax only on Mr. Dunne’s pro rata share of FRC’s income on the basis of the number of days in 1997 that he owned the stock; (3) whether Mrs. Dunne is eligible for relief from joint liability under section 6015 for 1997. We hold that she is not; (4) whether petitioners may claim as trade or business expenses $20,000 of legal expenses that they incurred in 1999. We hold that they may not, but they may claim the $20,000 as miscellaneous itemized expenses; 1 All section references are to the Internal Revenue Code (the Code) in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 Petitioners concede that the statute of limitations does not bar the assessment or collection of any amount due for 1997 or 1999. Petitioners also concede that petitioner Elizabeth Dunne does not qualify for innocent spouse relief under sec. 6015 for 1999.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008