Mark D. Pridgen and Kay D. Pridgen - Page 24




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                  Mr. Gaskins                  1990              1991                 
             Share of partnership income    $439,316           $742,593               
             Self-employment tax deduction   (1,635)           (4,971)                
             Deduction for exemptions                          8,600                  
             Total adjustments              437,681            746,222                
             Reported income                27,753             42,626                 
             Adjusted income                465,434            788,848                

                                        OPINION                                       
             Unreported Sales                                                         
                  The first issue for decision is whether unreported                  
             income in the amount of $888,528 in 1990 and $1,054,576 in               
             1991 should be included in Beaufort Leaf's gross receipts,               
             as determined by respondent.  If Beaufort Leaf's gross                   
             receipts are increased as determined by respondent, then a               
             one-third distributive share of the additional partnership               
             income attributable to this adjustment is includable in the              
             income of each petitioner.  See sec. 702(a); United States               
             v. Basye, 410 U.S. 441, 453-454 (1973).                                  
                  Petitioners advance two arguments in support of their               
             position that respondent erred by increasing Beaufort                    
             Leaf's gross receipts.  First, they argue that the sales                 
             that are the source of the unreported income were outside                
             the scope of the business of Beaufort Leaf.  Accordingly,                
             petitioners argue that the unreported income is the income               
             of Mr. Roberts, not the income of Beaufort Leaf, and there               






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