Mark D. and Sheldon C. Morgan - Page 10

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               Petitioners did not report in 1988 the $40,950 received in             
          advances from Robert Randall Co. As previously discussed, the               
          $40,950 constitutes compensation, which is includable in                    
          petitioner's gross income.                                                  
               Section 6501(e) provides: "If the taxpayer omits from gross            
          income an amount properly includable therein which is in excess of          
          25 percent of the amount of gross income stated in the return, the          
          tax may be assessed, or a proceeding in court for the collection of         
          such tax may be begun without assessment, at any time within 6              
          years after the return was filed."  Further, section 6503(a)                
          provides for the suspension of the running of the period of                 
          limitations if a proceeding is placed on the docket of this Court,          
          from the issuance of the deficiency notice until a decision of the          
          Court becomes final.                                                        
               In the instant case, petitioners filed their 1988 return on            
          April 15, 1989.  The notice of deficiency for 1988 was issued on            
          May 27, 1994.  The petition requesting a redetermination of                 
          respondent's deficiency determination for 1988 was filed on August          
          30, 1994.  Sec. 6503.                                                       
               The $40,950 which petitioners failed to include in their 1988          
          income is in excess of 25 percent of the amount of gross income             
          stated on the return.3  Thus, on the date respondent's notice of            

               3    Even if the sale of petitioners' home is taken into               
          account, for sec. 6501(e) purposes, the $14,050 capital gain on             
          the sale, not the $180,000 gross sales price, is used in                    
                                                             (continued...)           




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