MEMORANDUM OPINION ARMEN, Special Trial Judge: Respondent determined a deficiency in petitioner's 2008 Federal income tax of $8,000. The sole issue for decision is whether petitioner is entitled to the $8,000 first-time homebuyer credit (FTHBC) under section 36 for 2008. 1 Background This case was submitted fully stipulated under Rule 122, and the stipulated facts are so found. We incorporate by reference the parties' stipulation of facts, supplemental stipulation of facts, second...
MEMORANDUM FINDINGS OF FACT AND OPINION VASQUEZ, Judge. In these consolidated cases, respondent determined deficiencies in and penalties on petitioners' Federal income tax as follows: Penalty Year Deficiency Sec. 6662(a) 2005 $75,258 $15,052 2006 107,085 21,417 2007 124,041 24,808 After concessions, 1 the issues remaining for decision as to all years in issue are: (1) whether petitioners are entitled to...
MEMORANDUM OPINION JACOBS, Judge . This matter is before the Court on petitioner's motion to dismiss for lack of jurisdiction (petitioner's motion) pursuant to Rule 53. 1 The issue to be decided concerns the validity of the notice of deficiency and whether respondent "determined" a deficiency in petitioner's 2004 Federal income tax within the meaning of section 6212(a). Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year at issue, and...
MEMORANDUM OPINION SWIFT, Judge. Petitioners petitioned the Court for review of determinations of respondent's Office of Appeals (Appeals Office) sustaining three notices of Federal tax lien filing and a proposed levy relating to petitioners' unpaid Federal income tax for 2001, 2007, and 2008. The issue we decide is whether an alleged new, changed circumstance (a lawyer's disbarment) might justify a remand of these consolidated cases to the Appeals Office for further hearing. Background...
MEMORANDUM FINDINGS OF FACT AND OPINION HOLMES, Judge . Stephen Gaggero is a self-made man and a successful real-estate developer, who in the '90s bought and moved into a rundown beach house in Malibu that became a splendid mansion. The house was his primary residence while he upgraded it, and he was still living there when it was sold for at least three times its initial value. But before he began the upgrades, he signed a deal with Blanchard Construction Company (BCC). BCC was in the real-...
SUMMARY OPINION SWIFT, Judge : This case was heard pursuant to the provisions of section 7463 of the Internal Revenue Code in effect when the petition was filed. 1 Pursuant to section 7463(b), the decision to be entered is not reviewable by any other court, and this opinion shall not be treated as precedent for any other case. The issue for decision is whether respondent may seek to recover from petitioners a $1,300 erroneous rebate refund for 2008 by way of a notice of deficiency...
MEMORANDUM OPINION CHIECHI, Judge. This case is before the Court on respondent's motion for partial summary judgment. 1 The Court will grant respondent's motion. Background The record establishes and/or the parties do not dispute the following. At the time the petition was filed, WHO515 Investment Partners (WHO515) had been dissolved and did not have a principal place of business. At least during the period September 19 to December 8, 2000, Mark Scholten (Mr. Scholten) owned a 100-...
OPINION JACOBS, Judge : Charles Irby, Irene Irby, Dale Irby, and Stanley Irby (sometimes referred to as the Irbys or petitioners) are members of Irby Ranches, LLC, a Colorado limited liability company that elected to be taxed as a partnership for 2003 and 2004. As discussed in greater detail infra, Irby Ranches, LLC, conveyed to Colorado Open Lands, a "qualified organization" as defined in section 170(h)(3), two conservation easements: one in 2003 which encumbered approximately 197 acres...
MEMORANDUM FINDINGS OF FACT AND OPINION WHALEN, Judge. In two notices of deficiency issued to petitioner, one for taxable year 2005 and a second for taxable years 2006, 2007, and 2008, respondent determined the following tax deficiencies, additions to tax, and penalties in petitioner's Federal income tax: Addition to Tax Penalty Year Deficiency Sec. 6651(a)(1) Sec. 6662(a) 2005 $7,610 $1,527.75 $1,522.00 2006 11,964...
OPINION KROUPA, Judge : This case is before the Court on the parties' cross-motions for partial summary judgment 1 under Rule 121. 2 Petitioner husband participated in an Employee Stock Ownership Plan (ESOP) that was retroactively disqualified for the period 2000 to 2004. The sole issue for decision is the amount of petitioner husband's vested accrued benefit in the ESOP that petitioners must include in income for 2004 under section 402(b)(4)(A). We hold that petitioners must include in...
MEMORANDUM FINDINGS OF FACT AND OPINION WHERRY, Judge. This case is before the Court because of a petition filed on December 1, 2011, in response to a notice of deficiency dated July 29, 2011, determining a deficiency in income tax of $119,307 and a section 6662(a) 1 penalty of $23,861.40 for petitioner's 2007 tax year. The case was set for hearing on respondent's and petitioner's competing motions to dismiss for lack of jurisdiction. The stated ground for respondent's motion to dismiss is...
MEMORANDUM FINDINGS OF FACT AND OPINION MORRISON, Judge. On December 4, 2009, the respondent (the "IRS") issued the petitioners Marilyn Eileen Noz and Gerald Quentin Maguire, Jr. (the "petitioners") a notice of deficiency for tax year 2006. The notice disallowed $31,228 in miscellaneous itemized deductions, comprising $31,070 in unreimbursed employee expense deductions and $158 in other deductions. The notice determined that the petitioners were liable for an income-tax deficiency of $8,311...
MEMORANDUM FINDINGS OF FACT AND OPINION WHERRY, Judge. This case is before the Court on a petition for review of a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 (notice of determination). 1 Petitioners seek review of respondent's determination to proceed with a proposed levy and respondent's denial of their request for abatement of additions to tax. The collection action stems from unpaid income taxes petitioners self-reported for the 2007 taxable...
MEMORANDUM OPINION JACOBS, Judge. Respondent determined a $43,668 deficiency in petitioner's 2008 Federal income tax and an $8,734 accuracy-related penalty under section 6662(a). 1 Background There are no facts in dispute. Petitioner resided in Colorado when she filed her petition. In 2008 petitioner, then 50 years of age, retired from Qwest Communications, where she had worked for 27 years, the last 7 of which as a customer communications technician. Using the TurboTax program to file...
MEMORANDUM FINDINGS OF FACT AND OPINION PARIS, Judge. On April 23, 2009, respondent issued a notice of deficiency for tax year 2003 to petitioner Christopher W. Johnson, Jr. On July 14, 2009, respondent issued a notice of deficiency for tax years 2004 and 2005 to petitioners Christopher W. Johnson, Jr., and Jill S. Johnson. The notices determined the following deficiencies in petitioners' Federal income tax, additions to tax under section 6651(a)(1), and penalties under section 6662(a): 1...
MEMORANDUM OPINION WELLS, Judge. This case is before the Court on respondent's motion for summary judgment pursuant to Rule 121. 1 Petitioners ask us to review the determination of respondent's Appeals Office to proceed with collection actions with respect to petitioners' 2003 tax liability. The parties agree that the only disputed issue is whether petitioners are entitled to a deduction for a theft loss for their 2006 tax year that can be carried back to eliminate their 2003 tax liability....
MEMORANDUM FINDINGS OF FACT AND OPINION LARO, Judge. Petitioner petitioned the Court pursuant to section 6213(a) 2 to redetermine respondent's determination of the following deficiencies, additions to tax, and accuracy-related penalties in respect of his 2004 through 2007 Federal income tax: Addition to tax Penalty Year Deficiency Sec. 6651(a) Sec. 6662(a) 2004 $18,023 $4,505.75 $3,604.60 2005 29,387 7,346.75 5,877.40 2006 30,217...
SUPPLEMENTAL MEMORANDUM OPINION LARO, Judge. Petitioners move the Court to reconsider and vacate our opinion in Rothman v. Commissioner , T.C. Memo. 2012-163. See Rule 161. 1 In that opinion, the facts and holdings of which we incorporate herein, we held by way of partial summary adjudication that the appraisal attached to petitioners' 2004 joint Federal income tax return (Rosado appraisal) was not a qualified appraisal as defined in section 1.170A-13(c)(3), Income Tax Regs. (sometimes,...
MEMORANDUM OPINION ARMEN, Special Trial Judge. This case is before the Court on respondent's Motion For Summary Judgment, filed March 13, 2012, pursuant to Rule 121. 1 In his motion respondent moves for a summary adjudication in his favor as to the underlying deficiencies, additions to tax, and penalties determined by him in the notice of deficiency. Petitioners filed an Objection to respondent's motion on May 9, 2012. Thereafter, by Order dated June 13, 2012, respondent's motion was...
MEMORANDUM OPINION HALPERN, Judge : Petitioners have moved for reasonable litigation costs (motion). Respondent objects (objection). We will deny the motion. All section references are to the Internal Revenue Code of 1986, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure. Dollar amounts have been rounded to the nearest dollar. We draw the facts under the heading Background principally from the motion and the objection. We believe that those facts...
