- 7 - motions filed by petitioner. See Kersting v. United States, 865 F. Supp. 669 (D. Haw. 1994). On September 2, 1994, the District Court entered findings of facts and conclusions of law. Adopting the Commissioner's gross income calculations, the District Court found, among other things, that petitioner was liable for penalties under section 6700 for 1982 through 1988 in the aggregate amount of $1,373,700.2 In calculating the amounts of the penalties, the District Court found that the 33 corporations were alter egos of petitioner and that the gross income of the corporations was therefore attributable to petitioner. Specifically, the District Court found that: The government has demonstrated that Kersting derived as gross income through his corporations $3,478,036.25 from his abusive programs from September 4, 1982, through July 18, 1984, and $5,129,483.70 thereafter. Applying the appropriate percentages * * * Kersting therefore is liable in the amount of $1,373,700.41 pursuant to section 6700. Though he has the burden of proof in this area, Kersting presented no credible evidence of what he considered was the gross income derived or to be derived from his programs. In fact, Kersting's own testimony strongly suggested that he generated much more income from his programs than was included by the IRS in its calculations and that the Section 6700 penalty is substantially understated. 2 For violations occurring before July 19, 1984, sec. 6700 imposes a penalty of 10 percent of the gross income derived or to be derived by the taxpayer from an abusive tax shelter. For violations occurring after July 19, 1984, sec. 6700 imposes a penalty of 20 percent of the gross income so derived.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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