Kondamodi S. Rao and B. Satyaveni Rao - Page 13

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               Other   1,800    ---     ---                                           
               Depreciation       41,034      22,370       23,834                     
               Total expenses    $147,548    $79,845     $136,793                     
               Net Loss      ($102,548) ($33,045)        ($32,243)                    
               Loss claimed     ($102,548) ($25,000)     ($25,000)                    
          For 1986 and 1987, the claimed losses relate solely to the                  
          medical center.  For 1988, the claimed loss includes $10,105 of             
          deductions for some undetermined rental activity.  In her notice            
          of deficiency, respondent allowed petitioners deductions equal to           
          the gross income reported each year for the medical center.                 
                                       OPINION                                        
          1.  Preliminary Matters                                                     
               Respondent on brief renews her objection to the admission              
          into evidence of a 1995 video tape.  The tape was authenticated             
          at trial as representing the medical center's physical layout and           
          equipment during the years in issue.  We hold the tape is                   
          admissible.                                                                 
               Petitioner moved to dismiss the civil fraud addition to tax.           
          Our decision makes that motion moot.                                        
          2.  Civil Fraud Issue                                                       
          A.  Parties' Positions                                                      
               Respondent argues that Dr. Rao committed fraud in his                  
          admitted failure to include all of his income from his psychiatry           
          practice.  Respondent points out that Dr. Rao is a highly                   
          educated businessman.  Respondent argues that Dr. Rao reported              
          income only as reported on Forms 1099; lied to IRS agents about             




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