- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011