- 2 -
Arthur C. Brincat--1989 income tax deficiency of $37,366 and
additions to tax of $9,341.50 and $2,527.02 under sections
6651(a)(1)2 and 6654, respectively; Edgar J. Brincat--1989 income
tax deficiency of $31,470 and a $6,294 penalty under section
6662(a). The deficiencies stem from the common issue of whether
the proceeds from the sale of a building that was owned by a
charitable entity, but which were ultimately received by
petitioners, were taxable to petitioners. We also consider
whether the period for assessment had expired at the time that
respondent mailed the notice of deficiency to Edgar J. Brincat.
With respect to Edgar J. Brincat, we consider whether he is
entitled to deduct $20,000 in attorney’s fees in connection with
the settlement of his father’s estate. Finally, we consider
whether petitioners are liable for the additions to tax or
penalty determined by respondent.
FINDINGS OF FACT
Petitioners Arthur C. Brincat (Arthur) and Edgar J. Brincat
(Edgar) resided in the State of California at the times that
their petitions were filed in their respective cases. Arthur did
not file a Federal income tax return for the 1989 taxable year.
1(...continued)
briefing, and opinion.
2 Unless otherwise indicated, section references are to the
Internal Revenue Code in effect for the taxable year under
consideration.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011