Chung Ui Kim and Ok Hui Kim - Page 2




                                         - 2 -                                          
               After concessions, we must determine the following issues:               
               (1) Whether respondent’s bank deposit analyses correctly                 
          determined petitioners’ unreported gross receipts during 1993,                
          1994, and 1995 in the amounts of $721,408,1 $735,207, and                     
          $542,641, respectively.  We hold that they did.                               
               (2) Whether petitioners are liable for penalties on their                
          1993, 1994, and 1995 tax for fraud pursuant to section 6663(a).               
          We hold they are.  (Accordingly, we do not decide respondent’s                
          alternative determination that petitioners are liable for                     
          penalties for negligence pursuant to section 6662(a).)2                       
               Unless otherwise indicated, section references are to the                
          Internal Revenue Code in effect for the years in issue.  Rule                 
          references are to the Tax Court Rules of Practice and Procedure.              
          Dollar amounts are rounded to the nearest dollar.                             
                                   FINDINGS OF FACT                                     
               Some of the facts were stipulated.  The stipulation of facts             
          and the exhibits submitted therewith are incorporated herein by               
          reference.  When the petition was filed, petitioners Chung Ui Kim             


               1Respondent determined that petitioners had $791,408 of                  
          unreported gross receipts for 1993 but subsequently conceded that             
          $70,000 was from a nontaxable source.                                         
               2Respondent also determined, and we agree, that for the                  
          years in issue, certain computational adjustments should be made,             
          which would: (1) Reduce petitioners’ itemized deductions, (2)                 
          increase petitioners’ self-employment tax liability, and (3)                  
          reduce petitioners’ claimed exemptions.  These are mathematical               
          adjustments that the parties can make in their Rule 155                       
          computation.                                                                  




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