MEMORANDUM OPINION LAUBER , Judge . In this collection due process (CDP) case, petitioner seeks review pursuant to section 6330(d)(1) 1 of the determination by the Internal Revenue Service (IRS or respondent) to uphold a notice of intent to levy. The IRS issued the levy notice to assist in collecting petitioner's unpaid employment tax liabilities. Respondent has moved for summary judgment under Rule 121, contending that there are no disputed issues of material fact and that his...
MEMORANDUM OPINION LAUBER , Judge . These consolidated cases involve the assertion by the Internal Revenue Service (IRS or respondent) of transferee liability against petitioners, former shareholders of a corporation that was the subject of a "Midco" transaction. Currently before the Court are cross-motions for summary judgment on the question whether the IRS mailed notices of transferee liability to petitioners within the period of limitations specified in section 6901(c). 2 Answering...
MEMORANDUM OPINION HOLMES , Judge . The taxpayers in this case agreed to extend the statute of limitations for any income tax due on any return made by or for them "for the period(s) ended December 31, 2000." Each of the taxpayers was also a partner in a partnership that had a tax year that ended on December 19, 2000. Does an extension for individual returns for a year that ends on December 31 include any partnership items from partnerships whose tax years ended less than a month before...
MEMORANDUM FINDINGS OF FACT AND OPINION HOLMES , Judge . The Reinhart brothers made a fortune when they sold their family concrete business in 2000, but the sale threatened a hefty tax liability. The brothers chose to enter a Son-of-BOSS 1 deal to manufacture tax losses to offset their gains. They concede the deal doesn't work, and now contest only the applicability of an accuracy-related penalty that the Commissioner says they owe. FINDINGS OF FACT I. Selling the Concrete Business...
MEMORANDUM FINDINGS OF FACT AND OPINION MORRISON , Judge . Wendell Falls Development, LLC was a limited liability corporation treated as a partnership for federal tax purposes. For Wendell Falls' 2007 taxable year, the respondent (hereinafter "the IRS") issued a notice of final partnership administrative adjustment. The notice disallowed a charitable-contribution deduction of $1,798,000 for the contribution of a conservation easement by Wendell Falls. The notice determined a 40% penalty...
MEMORANDUM FINDINGS OF FACT AND OPINION GALE , Judge . Petitioners petitioned the Court to redetermine respondent's determination of a $255,163 deficiency in their Federal income tax for 2000 and a $51,033 accuracy-related penalty under section 6662(a) and (b)(1) and (2). 1 The determination stems from respondent's disallowance of petitioners' claimed deductions for a $802,916 short-term capital loss and a $300,675 nonpassive loss that were purportedly passed through to petitioner Gardner...
MEMORANDUM FINDINGS OF FACT AND OPINION LAUBER , Judge . With respect to petitioners' Federal income tax for 2007 the Internal Revenue Service (IRS or respondent) determined a deficiency of $152,602 and an accuracy-related penalty of $30,520. The deficiency stems from the disallowance of a $348,347 flow-through loss deduction that petitioners claimed on their Schedule E, Supplemental Income and Loss, and of a $163,915 mortgage interest expense deduction that they claimed on their Schedule...
T.C. Memo. 2018-124 UNITED STATES TAX COURT LUIS PALAFOX AND HILDA ARELLANO, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9999-17. Filed August 7, 2018. Luis Palafox and Hilda Arellano, pro sese. Emma S. Warner, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION THORNTON, Judge: Respondent determined a $6,090 deficiency in petitioners’ 2014 Federal income tax as well as a $1,748 addition to tax for failure -2- [*2] to timely file a return under section 6651(a)(1)...
151 T.C. No. 3 UNITED STATES TAX COURT HARBOR LOFTS ASSOCIATES, CROWNINSHIELD CORPORATION, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 993-17. Filed August 27, 2018. E, a nonprofit development corporation, is the fee simple owner of two buildings listed on the National Register of Historic Places. H, a partnership, is a long-term lessee of those buildings. In 2009, H and E joined together in transferring a facade easement to a qualified...
T.C. Memo. 2018-143 UNITED STATES TAX COURT ANDREW MITCHELL BERRY AND SARA BERRY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent RONALD GENE BERRY AND LINDA KATHRYN BERRY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 9707-15, 14090-15. Filed September 4, 2018. Andrew Mitchell Berry and Sara Berry, pro se in docket No. 9707-15. Ronald Gene Berry and Linda Kathryn Berry, pro se in docket No. 14090-15. Steven Mitchell Roth and Kris H. An, for respondent. -...
T.C. Memo. 2018-188 UNITED STATES TAX COURT MICHAEL JAMES WELLS AND LYNN ANITA KIRCHNER-WELLS, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9693-17. Filed November 8, 2018. Michael James Wells and Lynn Anita Kirchner-Wells, pro sese. David B. Mora, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION GERBER, Judge: This matter is before the Court on respondent’s motion for summary judgment filed pursuant to Rule 121.1 Respondent determined a 1 Unless otherwise...
T.C. Memo. 2018-103 UNITED STATES TAX COURT MOHAMMAD NAJAFPIR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9660-16. Filed July 3, 2018. Mohammad Najafpir, pro se. Cameron W. Carr, Thomas R. Mackinson, and Joseph E. Nagy, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION VASQUEZ, Judge: Respondent determined deficiencies, additions to tax, and penalties with respect to petitioner’s 2009, 2010, and 2011 Federal income tax as follows: -2- [*2] Accuracy-related...
T.C. Memo. 2018-168 UNITED STATES TAX COURT WAYNE R. FELTON AND DEONDRA J. FELTON, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9644-14. Filed October 10, 2018. Thomas Edward Brever, for petitioners. John Schmittdiel and Blaine C. Holiday, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION HOLMES, Judge: Holy Christian Church in St. Paul, Minnesota boasts a diverse and devoted congregation of about 600 families, in no small part attributable to its founder and...
T.C. Summary Opinion 2018-12 UNITED STATES TAX COURT TONI HARRIS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9538-16S. Filed March 13, 2018. Toni Harris, pro se. Jason T. Scott, for respondent. SUMMARY OPINION CARLUZZO, Chief Special Trial 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 1 Unless otherwise indicated,...
T.C. Memo. 2018-180 UNITED STATES TAX COURT MICHAEL A. GIUNTA AND JULIA A. GIUNTA, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9249-17. Filed October 29, 2018. Richard Stephen Kestenbaum and Scott L. Kestenbaum, for petitioners. Marc L. Caine and Peggy Gartenbaum, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION LAUBER, Judge: With respect to petitioners’ Federal income tax for 2013, the Internal Revenue Service (IRS or respondent) determined a deficiency of $...
T.C. Memo. 2018-40 UNITED STATES TAX COURT CHARLES BRUMBAUGH AND C.E. HOLIFIELD, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9161-14. Filed April 3, 2018. Ronald A. Hughes, Michael R. Morris, and Mayer Nazarian, for petitioners. Kris H. An and Jordan S. Musen, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION LAUBER, Judge: With respect to petitioners’ Federal income tax for 2007 the Internal Revenue Service (IRS or respondent) determined a deficiency of $152,...
T.C. Memo. 2018-214 UNITED STATES TAX COURT PINE MOUNTAIN PRESERVE, LLLP f.k.a. CHELSEA PRESERVE, LLLP, EDDLEMAN PROPERTIES, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8956-13. Filed December 27, 2018. David M. Wooldridge, Ronald Levitt, Gregory P. Rhodes, and Michelle A. Levin, for petitioner. Edwin B. Cleverdon and Horace Crump, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION MORRISON, Judge: This case concerns charitable-...
151 T.C. No. 14 UNITED STATES TAX COURT PINE MOUNTAIN PRESERVE, LLLP f.k.a. CHELSEA PRESERVE, LLLP, EDDLEMAN PROPERTIES, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8956-13. Filed December 27, 2018. P acquired a tract of land near Birmingham, Alabama, and conveyed to a qualified land trust, in 2005, 2006, and 2007, ease- ments covering relatively small portions of that property. Each easement defined a conservation area that was to be...
T.C. Memo. 2018-60 UNITED STATES TAX COURT JERRY L. KEENAN AND CYNTHIA S. KEENAN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8917-09. Filed May 3, 2018. Russell D. Stanaland, Ira B. Stechel, and Stefi N. George, for petitioners. Brian E. Derdowski, Jr., and Brian J. Bilheimer, for respondent. MEMORANDUM OPINION COHEN, Judge: This case is before the Court on remand from the Court of Appeals for the Ninth Circuit to consider petitioners’ motion to be relieved of a...
T.C. Memo. 2018-127 UNITED STATES TAX COURT MARTHA G. SMITH AND GEORGE S. LAKNER, ET AL.,1 Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 8847-12, 25714-12 Filed August 13, 2018. 12293-14. Edward J. Leyden, for petitioners. Rachel L. Rollins and Jeffrey E. Gold, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION LAUBER, Judge: With respect to petitioners’ Federal income tax for 2007-2011, the Internal Revenue Service (IRS or respondent) determined 1 Cases of the...
