Philip E. Parsons and Karen Parsons - Page 2




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                                                                  Additions to Tax                                                            
                                         Sec.                     Sec.                     Sec.             Sec.                              
                Year Deficiency 6653(b)(1) 6653(b)(1)(A) 6653(b)(1)(B) 6661(a)                                                                
                1987  $18,652      N/A                            $13,989                       1             $4,663                          
                1988   10,100                $7,575               N/A                      N/A                2,525                           
                1 50 percent of the interest due on $18,652.00 for tax year 1987.                                                             
                         Unless otherwise noted, all section references are to the                                                            
                Internal Revenue Code in effect for the years in issue, and all                                                               
                Rule references are to the Tax Court Rules of Practice and                                                                    
                Procedure.                                                                                                                    
                         After concessions,1 we must decide the following issues:                                                             
                         (1)  Whether petitioners are liable for additions to tax for                                                         
                fraud under section 6653(b) for 1987 and 1988.2  We hold they                                                                 
                are.                                                                                                                          
                         (2)  Whether petitioners are liable for additions to tax for                                                         
                substantial understatement of tax for 1987 and 1988.  We hold                                                                 
                they are.                                                                                                                     





                         1  Petitioners have conceded the deficiencies in each year                                                           
                at issue.                                                                                                                     
                         2  Petitioners have also averred that the sec. 6501(a) 3-                                                            
                year period of limitations on assessment has expired with respect                                                             
                to the years in issue.  Because we conclude that petitioners                                                                  
                filed fraudulent returns for each of these years, the period for                                                              
                assessment remains open.  See sec. 6501(c)(1); Murphy v.                                                                      
                Commissioner, T.C. Memo. 1995-76; Sisson v. Commissioner, T.C.                                                                
                Memo. 1994-545 (“The definition of fraud for purposes of section                                                              
                6653 is the same as the definition of fraud for the purpose of                                                                
                extending the period of limitations under section 6501(c).”),                                                                 
                affd. without published opinion 108 F.3d 339 (9th Cir. 1996).                                                                 




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