John U. Fazi and Sylvia Fazi - Page 19

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            than 25-percent omission from gross income of an amount properly                               
            includable in gross income.  Petitioners also argue that they                                  
            have adequately disclosed the omitted amount in the corporation's                              
            Forms 5500 and 5310 filings.  Respondent counters by alleging                                  
            that the disclosure needs to be in the individual tax return                                   
            itself, that the disclosure was inadequate, and that petitioners                               
            are estopped from arguing against the 6-year statute of                                        
            limitations.                                                                                   
                  We need not decide the disclosure issue since respondent has                             
            failed to meet her initial burden of going forward with the                                    
            evidence to show that the bar of the 3-year statute of                                         
            limitations is not applicable.  The parties agree as to the                                    
            amount of gross income reported on petitioners' 1986 individual                                
            Federal income tax return.  There is no question that petitioners                              
            omitted the merged amount from gross income.  The merged amount                                
            is clearly greater than 25 percent of the gross income amount.                                 
            Consequently, the only issue is whether respondent has                                         
            established, by a preponderance of the evidence, that the merged                               
            amount is "properly includable" in petitioners' gross income for                               
            1986.                                                                                          
                  Respondent asserts that petitioners are estopped from                                    
            arguing that the merged amount is not properly includable in                                   
            their gross income for 1986.  We have held that petitioners are                                
            not estopped from asserting that the merged amount is not taxable                              
            in 1986.  Petitioners have made the required prima facie case;                                 




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