Stephen S. Wang, Jr. - Page 2

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          addition to tax for substantial understatement of tax under                 
          section 6661 of $14,273.                                                    
               In the answer, respondent asserted additions to tax for                
          negligence under section 6653(a) in the alternative to additions            
          to tax for fraud.  At trial and on brief, respondent sought an              
          increased deficiency and increased additions to tax as a result             
          of the parties’ stipulation that petitioner had unreported income           
          of $4,000 for taxable year 1987 in addition to the $150,000                 
          unreported income determined by respondent in the deficiency                
          notice.                                                                     
               The issues for our consideration are:  (1) Whether                     
          petitioner is entitled to deduct legal fees or disgorgement                 
          payments as business expenses under section 162 or section 165;             
          (2) whether petitioner’s deductions or losses resulted in a net             
          operating loss (NOL); (3) if petitioner is not entitled to an               
          NOL, whether he is entitled to the computational benefits of                
          section 1341 with respect to the disgorgement payment; (4)                  
          whether petitioner is liable, in the alternative, for additions             
          to tax for fraud under section 6653(b)(1)(A) and (B) or for                 
          negligence under section 6653(a)(1)(A) and (B); and (5) whether             
          petitioner is liable for an addition to tax for a substantial               
          understatement under section 6661.                                          








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