Additions to Tax Year Deficiency Sec. 6651(a)(1) Sec. 6653(b)(1)(A) Sec. 6653(b)(1)(B) Sec. 6661 1986 $256,295 $34,692 $88,473 50 percent of the $28,401 interest due on $113,605 1987 $12,973 -- $12,791 50 percent of the $3,124 interest due on $12,497 The issues for decision are: (1) Whether petitioners failed to report income of $59,648, $242,669,1 and $50,746 on delinquent returns filed for the years 1985, 1986, and 1987, respectively; (2) whether petitioners are entitled to deduct embezzlement losses of $21,800 and $215,000 in 1985 and 1986, respectively; (3) whether petitioners are entitled to deductions of $20,253, $141,418, and $37,348 in 1985, 1986, and 1987, respectively, for ordinary losses allegedly incurred by Ard Rhei, Inc., a small business corporation (S corporation) under section 1366;2 (4) whether petitioner John J. Burke is liable for an addition to tax for fraud3 under section 6653(b);4 (5) whether petitioner Vivian Burke tacitly consented to the filing of a joint Federal 1In her answer, respondent determined an increased deficiency against petitioners for 1986 in order to reflect an additional $22,448 of funds allegedly embezzled by Mr. Burke and transferred to Ard Rhei, Inc. As a result of this increased deficiency, respondent also increased the amounts of the additions to tax against petitioners for fraud, delinquent filing, and substantial understatement of income tax. This Court has jurisdiction to redetermine the correct amount of a taxpayer's deficiency even when the amount so redetermined is greater than the amount listed by respondent in her notice of deficiency. Sec. 6214(a), I.R.C. Respondent bears the burden of proof, however, with respect to "any new matter, increases in deficiency, and affirmative defenses, pleaded in the answer". Rule 142(a), Tax Court Rules of Practice and Procedure. 2Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 3Respondent concedes the addition to tax for fraud against petitioner Vivian Burke for each of the years in issue. See sec. 6653(b)(4). 4As an alternative to the additions to tax for fraud, respondent asserts additions to tax for negligence against petitioners for each of the taxable years in issue. Because of our resolution of the fraud issue, infra, it is unnecessary for us to consider respondent's alternative arguments.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011