- 10 - income of $50,498 ($11,975 per the return and $38,523 disallowed Kersting deductions) is $15,709, which produces a deficiency of $12,214 ($15,709 less the $3,495 reported on the return). A seven percent reduction of this deficiency results in a deficiency of $11,359, far less than the deficiency in the decision of $23,000. The explanation for this discrepancy lies in the fact that several Kersting participants received notices of deficiency based on a reconstruction of records obtained from Mr. Kersting's office in 1981. For the year 1978, the statute of limitations would have expired in 1982. Thus, the notice may have been issued without access to the original return. Whatever the reason for the discrepancy, it is clear that the Richards did not receive any kind [of] special treatment from Mr. McWade. On November 8, 1996, Mr. Jones filed an entry of appearance on behalf of petitioners and a Motion for Leave To File Motion To Vacate Decision (motion for leave). On that same date, the Court lodged petitioners' Motion To Vacate Decision and Set Aside Settlement and petitioners' Memorandum of Points and Authorities. Petitioners' Motion To Vacate Decision was based upon the theory that the notice of deficiency issued to petitioners was invalid under Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81 T.C. 855 (1983), and, therefore, the Court lacked jurisdiction to enter the stipulated decision in their case. On November 14, 1996, the Court issued a Notice of Filing directing respondent to file an objection, if any, to petitioners' motion for leave on or before December 5, 1996. On November 29, 1996, respondent filed a Motion to Extend Time To File Respondent's Objection to petitioners' motion for leave. InPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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