DocketNumber: Docket Nos. 8218-83, 21648-84.
Citation Numbers: 54 T.C.M. 900, 1987 Tax Ct. Memo LEXIS 521, 1987 T.C. Memo. 529
Filed Date: 10/19/1987
Status: Non-Precedential
Modified Date: 11/21/2020
*521 Petitioner objected to respondent's computations under
SUPPLEMENTAL MEMORANDUM OPINION
*522 NIMS,
The parties' computations reflect disagreement concerning the following four issues: (1) whether guaranteed payments of $ 32,000 from Children's*523 Fantasy, Ltd. (CFL) and $ 15,000 from Geppetto's Music Shop (GMS) should be included in petitioner's income for the taxable year 1979; 2 (2) whether a guaranteed payment of $ 26,275 from Merry Wives, Ltd. (MWL) should be included in petitioner's income for the taxable year 1980; 3 (3) whether
In the notice of deficiency for the taxable year 1979, respondent determined that petitioner was required to include in his income the amount of $ 47,000 as guaranteed payments from CFL and GMS. In the notice of deficiency for the taxable year 1980, respondent determined*524 that petitioner should include $ 26,275 as a guaranteed payment from MWL in his 1980 income. Petitioner filed a petition with respect to each notice of deficiency, and each petition alleged that respondent erroneously determined that the amounts are guaranteed payments includable in gross income. 5 Petitioner's trial memorandum, ordered filed as part of the record, did not include a discussion of the issue of guaranteed payments. Petitioner's brief included requested findings of fact with respect to the disputed payments received from CFL, GMS and MWL. However, petitioner's brief failed to include a discussion, legal or factual, of the issue of the guaranteed payments. Based on the above facts, we concluded that petitioner had conceded the issue of guaranteed payments. See
*525 In connection with his computations under
Rule 144 is the mechanism through which the Court enters a decision for the amount of deficiency or overpayment resulting from the disposition of the issues involved in a case.
In his
Petitioner argues that the Court did not address the issue of whether petitioner is entitled to deduct miscellaneous expenses such as legal and accounting fees, organizational expenses and office expenses. In its opinion, the Court initially noted that one of the issues*527 for decision was whether petitioner was entitled to deduct certain miscellaneous expenses.
1. All Rule references are to the Tax Court Rules of Practice and Procedure. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect during the years in issue. ↩
2. The case at docket No. 8218-83 involves the taxable year 1979. ↩
3. The case at docket No. 21648-84 involves the taxable years 1980 and 1981. ↩
4.
5. In the petition in the case at docket No. 8218-83, which involves the taxable year 1979, petitioner alleged that "The Commissioner erroneously determined that the petitioner must accrue $ 47,000.00 into income for the taxable year 1979 as that amount constituted unreceived guaranteed payments from Children's Fantasy, Ltd. and Geppetto's Music Shop." As a basis of his assignment of error, petitioner alleged that the management fee of $ 32,000 from CFL was not a guaranteed payment until 1980 and that the management fee of $ 15,000 from GMS was not guaranteed in 1979.
In the petition in the case at docket No. 21648-84, which involves the taxable years 1980 and 1981, petitioner alleged that "The Commissioner erred in determining for taxable year 1980 that petitioner was required to report $ 26,275.00 as guaranteed payments from Merry Wives, Ltd., on his income tax return." Petitioner alleged no factual or legal basis for his assignment of error with respect to respondent's determination that petitioner must include $ 26,275 as a guaranteed payment from MWL in his 1980 income. ↩
6. Rule 31(c) permits pleading in the alternative. ↩
7. The Court limited its consideration of the applicability of