John J. Maloney and Mary Frances Maloney - Page 2

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            to the 1986 tax year is whether the period of limitation on                                 
            assessment has expired.  We conclude that assessment is barred,                             
            and, therefore, the other issues are moot.  All section                                     
            references are to the Internal Revenue Code in effect for 1986,                             
            and all Rule references are to the Tax Court Rules of Practice                              
            and Procedure.                                                                              
                                          FINDINGS OF FACT                                              
                  At the time John Maloney and Mary Maloney filed their                                 
            petition, they resided in Perkiomenville, Pennsylvania.  Mr.                                
            Maloney is a mechanical engineer, and from approximately 1969 to                            
            1989, he operated a sole proprietorship and employed the                                    
            accounting services of Robert Butler.  Each year, Mr. Maloney                               
            provided Mr. Butler with check stubs, bank statements, and                                  
            information relating to his accounts receivable and payable.  Mr.                           
            Butler used this information to prepare balance sheets, income                              
            statements, trial balances, general ledgers, cash disbursement                              
            journals, and, ultimately, petitioners' Federal income tax                                  
            returns.  Mr. Maloney believed that Mr. Butler used the accrual                             
            method of accounting to prepare these records and returns.                                  
                  From 1984 through 1986, Mr. Maloney was the project engineer                          
            for a prison being constructed in Montgomery County,                                        
            Pennsylvania.  During this period, Mr. Maloney on a monthly basis                           
            billed the county, which in turn, paid him by check.  In 1984,                              
            the county paid Mr. Maloney $409,624.55.  In early 1985, the                                





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