Gabriel Gutierrez and Connie Gutierrez - Page 2

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            the petition herein, petitioners resided in Austin, Texas.                                     
            References to petitioner are to Gabriel Gutierrez.                                             
                  The determinations by respondent that gave rise to the                                   
            present case primarily involved unreported gross receipts from                                 
            petitioner's law practice and additions to tax for fraud.  Before                              
            trial respondent conceded that petitioner was not liable for                                   
            fraud for tax year 1988, and that Mrs. Gutierrez was not liable                                
            for fraud for any of the years in issue.  After concessions by                                 
            both parties and before trial, the correct deficiencies for each                               
            of the years in issue, 1985 through 1988, were stipulated.  The                                
            only issues for trial were the additions to tax for fraud for                                  
            1986 and 1987, as to petitioner, and/or negligence as to                                       
            petitioners for all of the years in issue, and additions for                                   
            substantial understatement for tax years 1986 through 1988.                                    
                  In our opinion filed June 12, 1995, Gutierrez v.                                         
            Commissioner, T.C. Memo. 1995-252, we accepted the stipulated                                  
            deficiencies and held that petitioner was not liable for the                                   
            fraud addition for any of the years in issue.  We held both                                    
            petitioners liable for the additions for negligence and                                        
            substantial understatement for tax years 1986 and 1987, but not                                
            for 1988.                                                                                      
                  Petitioners request this Court to award them reasonable                                  
            administrative and litigation costs in the amount of $39,675.68.                               

            1(...continued)                                                                                
            and Procedure, unless otherwise indicated.                                                     




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