Mercedes Arcia - Page 9

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          source of this income in a statement attached to their 1991 return.          
          Abatement Letters                                                            
               The Internal Revenue Service (IRS) assessed taxes, interest,            
          and late payment additions with regard to petitioners' 1991 tax              
          year.  In a February 1, 1995, "Transmission of Payment and Request           
          for Abatement of Penalties", petitioners requested abatement of the          
          $9,169.88 in late filing addition.  On March 8, 1995, the IRS                
          notified petitioners that it had abated the late filing addition.            
          Notice of Deficiency                                                         
               In the notice of deficiency respondent determined that                  
          petitioners realized $212,000 of income, rather than $106,000 as             
          reported on their 1991 return.  Accordingly, respondent increased            
          petitioners' 1991 taxable income by $106,000.  Respondent also               
          determined that petitioners were liable for a section 6651(a)(1)             
          addition to tax and a section 6662(a) accuracy-related penalty for           
          1991.                                                                        
                                       OPINION                                         
               The primary issue is factual:  whether petitioners had                  
          $106,000 of unreported income in 1991 arising from currency found            
          in a cooler in petitioners' garage during the October 25, 1991,              
          search and seizure.  Petitioners claim that $106,000 of the                  
          $201,034 found in the cooler was not their money and therefore is            
          not includable in their 1991 income.  Respondent, on the other               
          hand, contends that ownership of the funds is irrelevant; rather,            





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