- 23 - "gross income" means the total of the amounts received from the sale of services prior to diminution by the cost of such services. Sec. 6501(e)(1)(A)(i). For the 1990 taxable year, petitioner reported gross receipts of $1,194,606 from his practice, plus $52,810 of interest income and $5,309 of dividend income. Thus, for purposes of section 6501(e)(1), petitioner reported $1,252,725 of gross income on his 1990 return. Twenty-five percent of that amount is $313,181.25. Petitioner failed to report $344,225 of gross receipts from his practice, which is in excess of 25 percent of the gross income reported on the return. If petitioner had suffered an embezzlement loss, the loss would not reduce his gross income for purposes of the 6-year limitations period. Sec. 6501(e)(1)(A)(i). Therefore, the 6-year period of limitations under section 6501(e)(1) applies, and respondent is not barred from assessing or collecting the deficiency in tax for the 1990 taxable year. Issue VI. Whether Petitioner Is Liable for the Accuracy-Related Penalty Under Section 6662(a) for the 1990, 1991, and 1992 Taxable Years In the notice of deficiency respondent determined that, if the fraud penalty does not apply, petitioner is liable for the accuracy-related penalty under section 6662(a) for negligence or substantial understatement of tax for each of the years in issue. Petitioner admitted that he was negligent for the years at issuePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011