- 34 - 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 ofPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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