T.C. Memo. 2001-130 UNITED STATES TAX COURT JOSEPH A. AND CAROL DELVECCHIO, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 6533-94. Filed June 6, 2001. Petitioner H was the sole proprietor of a business, A. Ps, H and W, filed original joint returns and, subsequently, amended tax returns for the tax years 1987 and 1988. R determined deficiencies and additions to tax against Ps based on Ps’ failure to report on the original returns all gross income from A and all capital gain from the sale of real property. 1. Held: Each of Ps’ amended returns is an admission of a tax underpayment. 2. Held, further, P-H is liable under sec. 6653(b)(1)(A), I.R.C., for 1987 and sec. 6653(b)(1), I.R.C., for 1988 for the addition to tax for fraud on the portion of the underpayment attributable to the failure to report all gross income from A. 3. Held, further, to the extent we have determined there to be an underpayment of tax attributable to fraud, the addition to tax under sec. 6653(b)(1)(B), I.R.C., shall apply for 1987. 4. Held, further, Ps are liable for the addition to tax for substantial understatement under sec. 6661, I.R.C., for 1987 and 1988.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011