Anthony J. Marzullo and Mary P. Marzullo - Page 2

                                         -2-                                          
                    Additions to Tax                                                  
          Sec.        Sec.            Sec.          Sec.         Sec.          Sec.         Sec.
          Year  Deficiency 6653(a)(1) 6653(a)(1)(A)  6653(a)(1)(B)  6653(b)(1)  6653(b)(1)(A)  6653(b)(1)(B)   6661
          1986  $13,549       ---       $428               1           ---        $ 3,740            2        $3,387
          1987   27,024       ---         88               1           ---         18,941            2         6,756
          1988   19,611       $73        ---              ---         $13,617        ---            ---        4,903
               1  50 percent of the interest due on the portion of the underpayment attributable to negligence under sec.
          6653(a)(1)(B).                                                              
               2  50 percent of the interest due on the portion of the underpayment attributable to fraud under sec.
          6653(b)(1)(B).                                                              

               The deficiencies in this case arise  primarily  from                   
          respondent's determination that petitioners omitted income from two         
          separate and distinct sources: (1) From Mr. Marzullo's salary at            
          the College of Notre Dame (sometimes referred to as the College),           
          and (2) from income generated by MPM Productions, an unincorporated         
          business, and MPM Productions, Inc., a subchapter S corporation             
          owned jointly by petitioners (both businesses referred to as MPM).1         
          Respondent determined that both petitioners were aware of the two           
          sources of omitted income, and that both petitioners intentionally          
          omitted the two sources of income to defraud the Government.  Thus,         
          respondent determined the fraud penalty against both Mr. and Mrs.           
          Marzullo for the omission of income from both sources.                      
               Petitioners concede the deficiency, except for the amount              
          attributable to self-employment tax relating to the income of MPM           
          subsequent to August 31, 1987.  Petitioners further concede that            
          Mr. Marzullo is liable for the fraud additions to tax for 1987 and          
          1988 and the negligence additions to tax with respect to the                


               1    In addition to the omitted income, respondent                     
          disallowed a substantial portion of claimed itemized deductions             
          for each of the years under consideration.                                  




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