- 28 - inconsistent determinations to protect the public fisc, as long as none of the deficiencies has been collected and the Commissioner acknowledges only one tax liability is due. Gerardo v. Commissioner, supra at 555-556. At trial, respondent's counsel stated respondent's intention to ask the Court to decide the amounts of income each petitioner received individually. Accordingly, on brief respondent no longer attributes the same dollar of income to more than one petitioner and asserts the following amounts as petitioners' respective unreported gross receipts:12 Petitioner 1982 1983 Giongo $16,541 $9,425 Wilson 16,541 26,275 Cattalo 25,791 34,825 Grove 25,833 48,075 In Gerardo v. Commissioner, supra, the taxpayer was convicted of conspiracy to operate a lottery between August 5, 1966, and February 3, 1967. The Commissioner computed a deficiency in Federal income tax based on the average daily gross receipts of the lottery operation on February 2 and 3, 1966, which were projected over the period from April 4, 1966, through 12 These figures represent the totals of respondent's primary assertions as to the way income from each search was divided. Generally, respondent has asserted that each petitioner deriving income from a search received an equal amount of income. In several instances, respondent has suggested alternative ways of allocating the proceeds; e.g. fewer individuals receiving larger amounts of income. Thus, depending on what the Court decides as to each search, the total annual receipts for any one of petitioners could exceed that amount shown above.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011