Kevin R. Johnston - Page 14




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               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...)           





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