Stanley J. Zaban and Shirley A. Zaban - Page 18

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             gambling income.  The 1989 return was filed following the execution                                  
             of search warrants by the Baltimore County Police Department at                                      
             petitioners' residence, a bank, and one of Mr. Zaban's businesses,                                   
             in which evidence of illegal gambling and bookmaking activities was                                  
             seized.                                                                                              
                    In October 1990, Mr. Zaban entered into a closing agreement                                   
             with the IRS, terminating the 1990 tax year as of March 24, 1990.4                                   
             Mr. Zaban agreed to report the net profits from his gambling and                                     
             bookmaking activities.    The  1990  return  (signed  by  both                                       
             petitioners) reported gross income before adjustments of $289,560                                    
             and gambling income of $240,700 (before expenses) on Schedule C in                                   
             accordance with the closing agreement.                                                               
                    Mrs. Zaban provided Messrs. Breschi and Fidati with records                                   
             and other information necessary to prepare petitioners' returns for                                  
             1984 through 1990. She never reviewed their work to determine                                        
             whether the returns were true and accurate. At times, Mr. Fidati                                     
             would provide Mrs. Zaban with returns prepared in pencil and would                                   
             have her sign blank returns.                                                                         



                    4     Closing agreements resolve liability issues only for                                    
             the taxable years covered by the agreements.  Sec. 7121; sec.                                        
             601.202(a), Statement of Procedural Rules.  Thus, the termination                                    
             of the 1990 tax year on March 24, 1990, conclusively resolved,                                       
             for purposes of the closing agreement, only the issues for that                                      
             period.  Respondent was permitted to issue notices of deficiency                                     
             relating to issues and time periods not covered by the agreement.                                    






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