- 2 - respondent asserted further adjustments to petitioners' 1990 joint return, including: (1) An increase of $195,101 in the deficiency in income tax set forth in the original notice; and (2) an addition to tax of $373,731 under the civil fraud penalty of section 6663 or, alternatively, an increased penalty pursuant to section 6662(a) of $99,662.1 After concessions, two issues remain regarding petitioners' income tax liability for 1990: (1) Whether petitioners are liable for the penalty pursuant to section 6663 for failure to report $990,000 of income with the intent of evading the payment of Federal income tax. We hold they are. (2) Whether section 163(h)(3) limits petitioners' Schedule A deduction for home mortgage interest to interest paid on acquisition debt of $1 million. We hold it does. FINDINGS OF FACT The parties have stipulated to some of the facts and the Court has so found. The stipulation of facts and accompanying exhibits are incorporated herein. Peter S. Pau (petitioner) and Susanna H. Pau (Susanna) were married and resided in Hillsborough, California, at the time they filed their petition in this case. 1 All section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated.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