- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011