Richard and Rebecca Adair - Page 6




                                        - 6 -                                         

          Year       Amount                                                           
          1993                          $517,236                                      
          1994                          477,903                                       
          1995                          333,780                                       

               Respondent allowed petitioners’ business deductions for the            
          roofing business that were claimed on petitioners’ joint Federal            
          income tax returns.                                                         
               Respondent also determined, for each year, that petitioners            
          were liable for the fraud penalty under section 6663.  In the               
          alternative, for each year, respondent determined that                      
          petitioners were liable for the accuracy-related penalty under              
          section 6662.                                                               
               As a protective measure, on audit of Delwin Houser for 1993,           
          1994, and 1995, respondent charged to Delwin Houser the same                
          total amounts of unreported income relating to the bank deposits            
          that were charged to petitioners.                                           

                                       OPINION                                        
               Under section 61, gross income includes all income from                
          whatever source derived.  See Commissioner v. Glenshaw Glass Co.,           
          348 U.S. 426, 431 (1955).  Taxpayers are required to maintain               
          sufficient records to allow respondent to determine their correct           
          Federal income tax liability.  See sec. 6001.                               
               Generally, respondent’s determinations are presumed correct,           
          and taxpayers have the burden of proving that respondent’s                  






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