- 8 - taxable interest income. He did not report his $154,000 insider trading income, $150,000 of which was included in his gross income by respondent. On his 1988 tax return, petitioner reported gross income of $17,026.85, his wages from Morgan Stanley, and he did not report the $50,000 insider trading income included in his gross income by respondent. For 1988, respondent allowed petitioner a $125,000 deduction for the disgorgement of his insider trading income, which resulted in no tax deficiency for that year. Respondent determined, however, that the disgorgement deduction was not in connection with a trade or business and, accordingly, did not generate a 1988 NOL that could be carried back to 1987. Under respondent’s determination, most (about $75,000) of the $125,000 disgorgement deduction remained effectively nondeductible. On January 25, 1994, petitioner executed a Form 872, Consent to Extend the Time to Assess Tax, intended to extend the 1987 assessment period to December 31, 1994. The Form 872 was executed after April 15, 1991, after the normal 3-year period for assessment under section 6501(a) had expired. The Form 872 was executed before April 15, 1994, within the 6-year period for assessment under section 6501(e)(1) (that section applies where substantial omissions from gross income exist). The Form 872, however, did not contain any explanation or indication of whether the period for assessment was then open or under which particularPage: 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