Michele D. Livingston - Page 3




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               In 1994, Theron pleaded guilty to income tax evasion                     
          pursuant to section 7201 for taxable year 1990 and to a 1993                  
          offense for distribution of cocaine base.  As part of the                     
          criminal proceeding, respondent reconstructed Theron’s income for             
          taxable years 1989, 1990, and 1991 using a net worth analysis.                
          In the plea agreement, Theron admitted, consistent with                       
          respondent’s net worth analysis, that in 1990 he had additional               
          unreported income of $63,610.                                                 
               After Theron’s plea agreement, respondent conducted a civil              
          examination of Theron’s 1989 Federal income tax return and                    
          petitioner’s and Theron’s 1990 joint Federal income tax return.               
          As part of this examination, respondent’s revenue agent requested             
          petitioner and Theron, who was then in prison, each to provide                
          documentation such as income records and expense records.                     
          Neither petitioner nor Theron complied with the request.                      
               Relying upon the income reconstructions prepared in the                  
          criminal investigation, with certain modifications, respondent                
          determined a $3,424 deficiency in Theron’s 1989 Federal income                
          tax liability and a $24,676 deficiency in petitioner’s and                    
          Theron’s 1990 joint Federal income tax liability.  For taxable                
          year 1990, respondent also determined that Theron was liable for              
          an $18,507 addition to tax for fraud.  On April 15, 1997,                     
          respondent issued a notice of deficiency reflecting these                     
          determinations.                                                               






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