David K. Straight - Page 2

                                          2                                           
                                                       Penalty                        
                    Year           Deficiency          Sec. 66621                     
                    1990           $433,706            $86,741                        
                    1991           9,741               1,948                          
                    1992           4,354               871                            
               1 Respondent concedes that petitioner is not liable for the accuracy-  
          related penalty.                                                            
               Petitioner was the sole shareholder of Eagle's Nest Homes,             
          Inc. (Eagle), an S corporation which sold panelized houses.                 
                Deposits Issue.  Eagle, an accrual method taxpayer,                   
          received customer deposits under written purchase agreements.               
          The deposits issue for decision is whether, as petitioner                   
          contends, Eagle may defer reporting some of its customer deposits           
          under section 1.451-5, Income Tax Regs., or under other income              
          tax accounting rules.  We hold that it may not.                             
               Procedural Issues.  Respondent's revenue agent prepared a              
          30-day letter in this case.  Respondent's revenue agent included            
          a chart in the 30-day letter with columns for 1990 and 1991                 
          showing the amount of Eagle's gross receipts reported on the                
          return and per the audit.  Respondent's revenue agent later added           
          a column for 1992 to the chart.  Respondent's counsel gave                  
          petitioner a copy of the modified 30-day letter to include in the           
          stipulation.  Respondent's revenue agent initially testified that           
          she had not added the third column but later testified that she             
          had added it.                                                               
               Respondent concedes that the agent's conduct warrants                  
          imposition of a sanction.  Respondent contends that the sanction            





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