Joseph A. and Carol DelVecchio - Page 11




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          respectively.  Respondent accepts the foregoing changes reported            
          on the Forms 1040X except for the net operating loss deductions.            
          Based on the Forms 1040X, we find that petitioners underreported            
          their Schedule C net income from Monterey by $80,214 and $54,778,           
          for 1987 and 1988, respectively, and failed to report a capital             
          gain of $27,944 for 1988.  Based on respondent’s acceptance of              
          the decreases in interest income shown on the Forms 1040X, we               
          find that petitioners over reported their interest income in such           
          amounts.  Petitioners have failed to prove their entitlement to             
          the net operating loss deductions claimed on the Forms 1040X, and           
          we allow no deductions therefor.                                            
          II. Additions to Tax for Fraud                                              
               A.  Introduction                                                       
               Respondent has determined additions to tax for fraud against           
          Joseph for both 1987 and 1988.  For 1987, section 6653(b)(1)(A)             
          imposes an addition to tax equal to 75 percent of any                       
          underpayment in tax if any part of the underpayment is due to               
          fraud; section 6653(b)(1)(B) imposes a separate addition to tax,            
          equal to 50 percent of the interest payable under section 6601,             
          determined on the portion of the underpayment attributable to               
          fraud.  For 1988, section 6653(b)(1) imposes an addition to tax             
          equal to 75 percent of any underpayment in tax if any part of the           
          underpayment is due to fraud; the time-sensitive interest                   
          addition previously found in section 6653(b)(1)(B) is eliminated.           






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