- 14 - Respondent warned petitioner more than 2 months before trial that taxpayers in sham trust cases have been penalized under section 6673 for advancing frivolous arguments. On June 19, 2000, respondent’s counsel informed petitioner that he was prepared to move for a penalty under section 6673 if petitioner continued to insist that the $103,420 paid to Universal for work done by petitioner was not petitioner’s income. On June 13, 2000, petitioner had stipulated that during 1993, WWMC paid Universal $95,596 for work done by petitioner. Trial began on June 27, 2000, after the 1-week interval arranged by the Court; the parties submitted a Second Stipulation of Facts. In that document, petitioner agreed to a number of additional stipulations concerning the payment of $103,420 to Universal for work done by petitioner, and concerning deposits made to Universal’s bank account during 1993. However, petitioner refused to testify. The Parties’ Contentions Respondent now asserts that petitioner’s gross income includes $103,420 paid to Universal during 1993 for work done by petitioner.6 According to respondent, this amount is includable 6 The statutory notice asserted that petitioner’s income included $104,786 in unreported business gross receipts. Respondent now claims that petitioner’s gross income should be increased by only $103,420, the amount the record establishes was paid to Universal (and deposited in its bank account) for (continued...)Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011