-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.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