- 10 - requirement, however, that the parties’ consent or agreement contain a reference to the applicable statutory provision under which the assessment period remains open. Additionally, our holding that petitioner filed a fraudulent 1987 return would also permit the tax for that year to be assessed at any time. See sec. 6501(c)(1). Therefore, the 1987 assessment period had not expired at the time respondent mailed the notice of deficiency to petitioner. Was Petitioner’s Activity a Trade or Business? Petitioner has admitted that he had unreported income in the amounts of $154,000 and $50,000 for 1987 and 1988, respectively. Petitioner’s $125,000 deduction claimed for the 1988 disgorgement was allowed, but it only affected the $50,000 of the insider information income earned for 1988, because respondent disallowed any carryback to the $154,000 earned in 1987.3 Petitioner also seeks to claim legal expenses of $60,000 and $50,857.43 paid during 1988 and 1989, respectively. Respondent disallowed those deductions on the grounds that they were not paid by petitioner and/or were not incurred in a trade or business. 3 Because of respondent’s allowing $50,000 of the $125,000 disgorgement deduction against the $50,000 of unreported income, no deficiency was determined for 1988. Because respondent determined that petitioner was not in a trade or business, no part of the $75,000 difference that was not deductible in 1988 could be carried to other taxable years.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