- 3 - Discussion A. Estate of Spear v. Commissioner, T.C. Memo. 1993-213 Jeanette and Leon Spear filed joint Federal income tax returns for 1975, 1976, and 1977. Respondent determined that petitioners are liable for deficiencies in income tax and additions to tax for fraud as follows: Additions to Tax Year Deficiency Sec. 6653(b) 1975 $51,271.70 $25,635.85 1976 157,706.46 78,853.23 1977 93,536.23 46,768.12 Using the net worth plus expenditures method, respondent determined that petitioners had unreported income in 1975, 1976, and 1977. Petitioner did not comply with an order of this Court to testify at trial. As a result, we sanctioned petitioners by deeming that respondent made a prima facie showing of certain facts alleged by respondent in paragraph 7 of the amended answer (the deemed facts). Estate of Spear v. Commissioner, T.C. Memo. 1993-213. We upheld most of respondent's deficiency determinations and held that petitioners were liable for the additions to tax for fraud. B. Estate of Spear v. Commissioner, 41 F.3d 103 (3d Cir. 1994) Petitioners appealed our decision in docket No. 3276-87. The Court of Appeals vacated our decision and remanded the case with instructions that we decide it without treating respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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