Kin L. Velinsky - Page 11

                                        -  -11                                           
          required that we not treat an overstatement of cost of goods sold           
          as resulting in an omission from gross income.  After the                   
          amendment, the normal definition of gross income applied, and,              
          therefore, an overstatement of cost of goods sold resulted in an            
          omission from gross income.  In the recent case of Lilly v.                 
          Internal Revenue Service, 76 F.3d 568 (4th Cir. 1996), the Court            
          of Appeals for the Fourth Circuit adopted the conclusions and               
          reasoning of our cases in holding that an overstatement of cost             
          of goods sold results in an omission of gross income.                       
               We conclude that in this case the overstatement of cost of             
          goods sold results in an omission from gross income.  Therefore,            
          the amount of the understatement of gross income resulting from             
          the overstatement of cost of goods sold in this case is a grossly           
          erroneous item, and petitioner is entitled to innocent spouse               
          relief with respect to the tax resulting from this understatement           
          of gross income.                                                            
               Respondent argues that there was a mischaracterization of              
          items as cost of goods sold on petitioner's return.  Respondent             
          states that the items claimed as cost of goods sold should be               
          properly classified as deductions and, as such, should be treated           
          as deductions subject to the requirements of section                        
          6013(e)(2)(B).  We find no legal or factual support for                     
          respondent's argument.  First, it is unclear from the record to             
          what extent the items not allowed as cost of goods sold, if they            
          had been substantiated, should be properly characterized as                 




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011