-35- during 1988. Petitioners claim that the amount they reported, $1,328, represented unemployment compensation and that the $4,606 amount that respondent claims they failed to report represented disability compensation. Petitioner, however, has provided neither explanation nor corroboration of any alleged disability. Petitioner's testimony was not persuasive. Respondent's determination that the unreported amounts represented taxable unemployment compensation will be sustained. Unreported Income--Kortava Respondent determined that petitioners failed to report income received from Kortava during 1990 and 1991. Petitioner received $292,544 and $275,612, in 1990 and 1991, respectively, from Kortava. Petitioner returned $165,000 to Kortava in 1991. Preliminarily, petitioners contend that respondent's proof at trial and argument on brief do not conform to the notice of deficiency or to the affirmative pleadings. Petitioners note that the statutory notice of deficiency and answer refer to "foreign fund income" as an adjustment to income in the amounts of $220,000 and $233,566 for 1990 and 1991, respectively. The notice of deficiency explains this determination as "Supplemental compensation and bonuses are includable in gross income." Respondent's answer, in alleging fraud, states: "The petitioners fraudulently and with intent to evade income taxes failed to report foreign fund income in the respective amounts of $220,000 and $233,566 during 1990 and 1991 taxable years." Respondent'sPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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