- 8 - interest ($794), dividends ($723), and taxable individual retirement account distributions ($29,935). Petitioner erroneously believed that his claimed Schedule C business expense deductions and his alleged net operating carryover losses from 1990 and 1991 reduced his reported gross income for 1992 below $5,900. These amounts reduce "taxable income" under section 63(a), but do not reduce "gross income" under section 61(a). See, e.g., sec. 61(a)(2); sec. 1.61-3(a), Income Tax Regs. (gross income derived from business determined "without subtraction of selling expenses, losses or other items not ordinarily used in computing costs of goods sold"). Thus, petitioner's reported gross income for 1992 exceeded the section 6012(a)(1)(A)(i) threshold for filing a return.3 Petitioner's return for his 1992 taxable year was due on April 15, 1993. Sec. 6072(a). Respondent received petitioner's 1992 return at his Ogden, Utah, service center on August 10, 1994. In light of the fact that he is a certified public accountant, we find that petitioner's failure to understand the basic term "gross income" does not constitute reasonable cause for not timely filing his return. Accordingly, we hold that petitioner is liable for the section 6651(a)(1) addition to tax. 3 We note that petitioner's actual gross income for 1992 is greater than his reported gross income as a result of the computational adjustment to the taxable amount of his Social Security benefits under sec. 86.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011