Paul Arthur Zipp - Page 23

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          "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 issue            





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