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 sanctionPage: 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