Bill Fred Hamilton and Connie Hamilton - Page 2

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          $42,556, respectively.2  After concessions, the issues for                  
          decision are:  (1) Whether petitioners failed to report income              
          from mining activities in the amount of $515,993 for 1988.  We              
          hold they did.  (2) Whether petitioner, Mr. Hamilton, is liable             
          for an addition to tax for fraud pursuant to section 6653(b)(1)             
          for 1988.3  We hold he is.  (3) Whether petitioners substantially           
          understated their Federal income tax for 1988 within the meaning            
          of section 6661.  We hold they did.                                         
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioners, Bill Fred              
          Hamilton (Mr. Hamilton) and Connie Hamilton (Mrs. Hamilton),                
          husband and wife, resided in Barbourville, Kentucky, at the time            
          they filed the petition.                                                    
               Mr. Hamilton was engaged in the business of brokering coal             
          during 1982 through 1989.  Mr. Hamilton owned a 50-percent                  
          interest in C.Y. Smith Corp. (CYS), a corporation engaged in                
          mining and brokering coal.  He also indirectly managed and ran              
          the day-to-day operations of R & B Excavating, Inc. (RBE), an               




               2  Respondent has conceded a portion of the deficiency                 
          amount.                                                                     
               3Respondent concedes that Mrs. Hamilton is not liable for a            
          fraud-related addition to tax under sec. 6653(b).                           




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