Benness M. Richards and Jane Richards - Page 3

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          The circumstances of the search of Mr. Kersting's offices are               
          described in the Court's opinion in Dixon v. Commissioner, 90               
          T.C. 237 (1988) (Dixon I).                                                  
          On April 15, 1982, respondent issued a joint notice of                      
          deficiency to petitioners determining a deficiency in their                 
          Federal income tax for 1978 in the amount of $47,580.75 and an              
          addition to tax under section 6653(a) in the amount of $2,379.3             
          The notice of deficiency, in a form apparently used by respondent           
          in issuing notices of deficiency to a number of taxpayers with              
          Kersting-related adjustments, states in pertinent part:                     
                             EXPLANATION OF ADJUSTMENTS                               
               1. It is determined that the following amounts claimed                 
               on your 1978 income tax return as interest deductions                  
               are not allowable:                                                     
                    Amount              Purported Payee                               
               $67,972.50            Any entity owned, associated                     
          with, or controlled, either                                                 
          directly or indirectly, by                                                  
          Henry Kersting                                                              
               This disallowance is based on the determination that                   
               the transaction giving rise to the claimed interest                    
               deduction are shams.  This disallowance is further                     
               based upon your failure to establish that the above                    
               amounts were paid or properly accrued, or that the                     
               transactions purportedly generating the claimed amounts                
               resulted either in any bona fide indebtedness or in any                
               enforceable and bona fide obligation to pay                            


          3  The notice of deficiency was issued approximately 70 days                
          prior to the expiration of the normal 3-year period of                      
          limitations applicable to the assessment of Federal income taxes.           
          Sec. 6501(a).                                                               




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