Michael J. Downing and Sandra M. Downing - Page 2

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                    1.  Held:  Ps’ marriage contract did have the effect of           
               stopping application of Louisiana’s usual community property           
               laws for Federal income tax purposes.  R has conceded that             
               such a holding would result in P-W’s not being liable for              
               deficiencies and additions to tax for the years in issue; R            
               has asserted against P-H increased deficiencies and                    
               additions that are intended to apply if all the omitted                
               income were properly reportable by P-H.                                
                    2.  Held, further, R proved by clear and convincing               
               evidence that P-H had unreported plumbing business income              
               for 1994 and for 1995, that each year’s unreported plumbing            
               business income resulted in an underpayment of tax for that            
               year, and that at least some part of each year’s                       
               underpayment of tax was due to P-H’s fraud.  Amounts                   
               determined.  Sec. 6663, I.R.C. 1986.                                   
                    3.  Held, further, no portion of the underpayment of              
               tax for either year was not due to fraud, except to the                
               extent the underpayment resulted from causes other than                
               unreported plumbing business income.  Amounts determined.              
               Sec. 6663(b), I.R.C. 1986.                                             


               John S. Ponseti, for petitioners.                                      
               Susan S. Canavello, for respondent.                                    


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        


               CHABOT, Judge: By separate notices of deficiency, respondent           
          determined deficiencies in individual income tax and penalties              
          under section 66631 (fraud) against petitioners as follows:                 




               1  Unless indicated otherwise, all section and chapter                 
          references are to sections and chapters of the Internal Revenue             
          Code of 1986 as in effect for the years in issue.                           




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