OPINION LAUBER , Judge : This case is before the Court on petitioner's motion for partial summary judgment. The motion presents a question of statutory construction involving the relationship between subparagraphs (A) and (D) of section 170(f)(8), which governs substantiation requirements for certain charitable contributions. 1 Section 170(f)(8)(A) provides that no deduction shall be allowed for any charitable contribution of $250 or more unless the taxpayer substantiates the gift by a "...
MEMORANDUM FINDINGS OF FACT AND OPINION RUWE , Judge . These cases were consolidated for purposes of trial, briefing, and opinion. Respondent determined deficiencies in petitioner's Federal income tax, additions to tax, and accuracy-related penalties as follows: Docket No. 8887-13 Addition to Tax Accuracy-Related Penalty Year Deficiency Sec. 6651(a)(1) Sec. 6662(a) 2004 $287,857 $71,964.25 --- 2005...
MEMORANDUM FINDINGS OF FACT AND OPINION JACOBS , Judge . Respondent determined the following deficiencies and penalties with respect to petitioner's 2010 and 2011 tax years: Penalty Year Deficiency sec. 6662(a) 2010 $43,093 $8,619 2011 22,296 4,459 The issues for decision are: (1) whether petitioner underreported income from each of four enterprises he owned and operated during 2010 and 2011; (2) whether petitioner is entitled to...
OPINION THORNTON , Judge : Pursuant to section 6212(a), 1 respondent determined deficiencies in tax for petitioners, Lawrence and Lorna Graev, of $237,481 for 2004 and $412,620 for 2005, resulting from the disallowance of charitable contribution deductions the Graevs claimed for those years. Respondent also determined that Mr. and Mrs. Graev are liable for accuracy-related penalties of 40% under section 6662(h) and alternatively of 20% under section 6662(a) for 2004 and 2005. (We...
MEMORANDUM FINDINGS OF FACT AND OPINION COHEN , Judge . Respondent determined an $8,320 deficiency and a $1,664 penalty under section 6662(a) with respect to petitioners' Federal income tax for 2012. The issues for decision are: (1) whether the unpaid balances of loan amounts that Dora Martinez (petitioner) borrowed from her section 403(b) qualified employer retirement plan (QP) were deemed distributions of taxable income in 2012 and subject to a 10% additional tax, (2) whether petitioners...
MEMORANDUM FINDINGS OF FACT AND OPINION COLVIN , Judge . Respondent determined a deficiency in income tax and additions to tax as follows: Additions to tax Year Deficiency Sec. 6651(a)(1) Sec. 6651(a)(2) Sec. 6654(a) 2009 $13,658 $3,073 $2,936 $327 After concessions, the issues for decision are: 1. Whether petitioner's failure to timely file a 2009 income tax return was due to reasonable cause and not willful neglect pursuant to...
MEMORANDUM FINDINGS OF FACT AND OPINION GALE , Judge . Respondent determined the following deficiencies, additions to tax, and penalties with respect to petitioner's 2001 and 2002 Federal income tax: Addition to tax Penalty Year Deficiency sec. 6651(a)(1) sec. 6662(a) 2001 $525,164 $131,291 $105,033 2002 230,125 57,460 46,025 Following concessions by the parties, 1 the issues for decision are: (1) whether petitioner received...
MEMORANDUM FINDINGS OF FACT AND OPINION JACOBS , Judge . This case is before us with respect to respondent's denial of petitioner's request for relief from joint and several liability under section 6015 1 for 2007, 2008, and 2009 (years involved). Petitioner and intervenor were married during the years involved; they separated in 2009 and divorced in 2010 after nearly 20 years of marriage. Petitioner and intervenor filed their 2007, 2008, and 2009 Forms 1040, U.S. Individual Income Tax...
MEMORANDUM OPINION NEGA , Judge . Pursuant to section 6330(d)(1), 1 petitioner seeks review of respondent's determination to proceed with collection by levy of unpaid trust fund recovery penalties (TFRPs) assessed against him. The sole issue before the Court is whether the Internal Revenue Service (IRS) Appeals Office abused its discretion when evaluating petitioner's offer-in-compromise (OIC) for doubt as to collectibility. Background All of the facts have been stipulated and are so...
MEMORANDUM FINDINGS OF FACT AND OPINION JACOBS , Judge . Respondent (Internal Revenue Service or IRS) determined deficiencies, additions to tax and penalties against petitioners, husband and wife, for 2004, 2005, 2006, and 2007 (years involved), as follows: Additions to tax/penalties Sec. Sec. Year Deficiency 6651(a)(1) 6662(a) 2004 $168,039 $40,625 $33,608 2005 224,193 53,064 44,839 2006 186,864 42,565 37,373 2007 67,510 11,880...
MEMORANDUM FINDINGS OF FACT AND OPINION NEGA , Judge . In these consolidated cases, petitioner seeks review of respondent's determination to proceed with collection by lien and/or levy of its outstanding tax liabilities for the periods ending June 30, 2007, June 30, September 30, and December 31, 2011, and March 31, June 30, and December 31, 2012. 1 Petitioner subsequently satisfied its liability, including the penalty and accrued interest, for the period ending June 30, 2012, and...
PARIS , Judge . These cases have been consolidated for trial, briefing, and opinion. Respondent determined deficiencies and accuracy-related penalties under section 6662(a) in petitioners' Federal income tax for 2007 and 2008 (years at issue). 1 For petitioner Key Carpets, Inc. (Key Carpets), respondent determined deficiencies of $44,091 and $26,032 for 2007 and 2008, respectively, and accuracy-related penalties of $8,818.20 and $5,206.40 for 2007 and 2008, respectively. For petitioners...
PARIS , Judge . On June 9, 2011, respondent issued to petitioner a notice of deficiency for 2004 determining a total deficiency in Federal income and excise tax of $249,263.62, additions to tax under section 6651(a)(1) 1 and (2) of $20,228.76 and $22,476.41, respectively, and an enhanced accuracy-related penalty under section 6662A of $63,918.33. Also on June 9, 2011, respondent issued to petitioner a notice of deficiency for 2005 determining a total deficiency in Federal income and...
MEMORANDUM OPINION BUCH , Judge . Carl Hattler invested in three partnerships that were subject to the partnership provisions of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. No. 97-248, sec. 402(a), 96 Stat. at 648. The Commissioner issued notices of final partnership administrative adjustment (FPAAs) for the partnerships, determining that the partnerships were not entitled to deduct any of the intangible drilling costs they reported. Mr. Hattler, a notice partner...
MEMORANDUM FINDINGS OF FACT AND OPINION VASQUEZ , Judge . Respondent determined deficiencies of $19,071, $21,783, and $25,473 in petitioner's Federal income tax and accuracy-related penalties under section 6662(a) 1 of $3,814.20, $4,356.60, and $5,094.60 for 2009, 2010, and 2011 (years at issue), respectively. 2 The issues for decision are: (1) whether petitioner's income from the U.S. Department of State, Office of Overseas Buildings Operations (OBO), qualifies for the section 911...
147 T.C. No. 7 UNITED STATES TAX COURT RENEE VENTO, ET AL.,1 Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 992-06, 993-06, Filed September 7, 2016. 1168-06. Ps did not file U.S. Federal income tax returns for 2001 but instead filed individual territorial income tax returns with the Virgin Islands Bureau of Internal Revenue for that year. Ps now concede that they were not bona fide residents of the Virgin Islands for 2001. They seek to credit against their U.S. tax...
T.C. Memo. 2016-71 UNITED STATES TAX COURT AMY NDIAYE DELIA, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 18273-14. Filed April 20, 2016. Amy Ndiaye Delia, pro se. William J. Gregg, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION LAUBER, Judge: The Internal Revenue Service (IRS or respondent) deter- mined a deficiency in petitioner’s 2011 Federal income tax of $5,5031 and an 1 All statutory references are to the Internal Revenue Code (Code) for the year in issue,...
T.C. Memo. 2016-226 UNITED STATES TAX COURT AD INVESTMENT 2000 FUND LLC, COMMUNITY MEDIA, INC., A PARTNER OTHER THAN THE TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent* AD GLOBAL 2000 FUND LLC, WARSAW TELEVISION CABLE CORP., A PARTNER OTHER THAN THE TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 9177-08, 9178-08. Filed December 14, 2016. On account of Ps' postdecision challenges to one of R's expert witnesses, we will...
T.C. Memo. 2016-234 UNITED STATES TAX COURT CECILIA M. HYLTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 8887-13, 4955-14. Filed December 22, 2016. Glen E. Frost, Kaitlyn A. Loughner, Bertram P. Husband, Richard W. Craigo, and Jessica F. Marine, for petitioner. Bradley C. Plovan, David A. Indek, and Nancy M. Gilmore, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION RUWE, Judge: These cases were consolidated for purposes of trial, briefing, and opinion....
T.C. Memo. 2016-12 UNITED STATES TAX COURT ENDEAVOR PARTNERS FUND, LLC, DELTA CURRENCY TRADING, LLC, TAX MATTERS PARTNER, ET AL.,1 Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 8698-12, 8710-12, Filed January 20, 2016. 8721-12, 8846-12, 9975-12, 11290-12, 12591-12. Elias M. Zuckerman, David L. Katsky, and Adrienne B. Koch, for petitioners. Steven N. Balahtsis, Michael A. Sienkiewicz, Lisa M. Goldberg, and Irene Y. Kim, for respondent. 1 The following cases are...
