Stephen S. Wang, Jr. - Page 10

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          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.                                    




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