Leo N. Levitt and Ruth G. Levitt - Page 34

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          M.   Notice of Deficiency                                                   
               Dorgeval investigated petitioners and Resyn from 1970 to at            
          least 1984.  He prepared a series of reports of proposed                    
          adjustments for Resyn and petitioners.  He completed the last               
          report on March 14, 1984.  That report was the basis for the                
          notice of deficiency in this case.  Respondent mailed the notice            
          of deficiency on September 12, 1990.  Petitioners and Zuckerman             
          signed consents to extend the time to assess tax for 1969 and               
          1970, which kept those years open until terminated.                         
               Respondent determined that petitioners received constructive           
          dividends from Resyn from 1963 to 1970 by analyzing Resyn's                 
          earned surplus for that period.  Respondent determined that Resyn           
          paid checks for petitioners' benefit of $261,789 in 1967,                   
          $431,593 in 1968, and $341,725 in 1969.  Respondent deducted from           
          those amounts the increases to petitioner's loan account, salary            
          paid to petitioner, capital items, and additional business                  
          expenses.  Respondent determined that petitioners had unreported            
          income of $25,022 in 1967 and $41,245.21 in 1968 based on Resyn             
          checks used to pay petitioners' personal expenses. N.                       
          Petitioners' 1963 Return                                                    
               Petitioners timely filed their 1963 income tax return.                 
          Respondent did not offer a copy of petitioners' 1963 return into            
          evidence.  Respondent's revenue agent's report for 1963 states              
          that petitioners reported taxable income of $30,499.50 and that             
          petitioner's total tax was $9,656.63.  Respondent had a copy of             




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