Doyce D. Gentry - Page 8




                                        - 8 -                                         
               We must therefore determine whether it was appropriate to              
          impose the “substantial understatement” penalty for 1991 and the            
          “negligence” penalty for 1992.                                              
               a. Accuracy-Related Penalty for 1991 With Respect to                   
                    $32,755 of Income Reported by Corporation for Period              
                    Prior to Formation                                                
               The testimony of the witnesses at trial and the parties’               
          briefs focused on the portion of the 1991 accuracy-related                  
          penalty relating to income erroneously reported by Tesco.                   
          Respondent and petitioner agree that petitioner failed to include           
          on Schedule C of his 1991 tax return $32,755 of income                      
          attributable to the Tesco business for the period August 1                  
          through November 14, 1991.  Petitioner contends, however, that              
          this income was erroneously included on Tesco’s corporate return            
          due to an error of fact or law by his accountant.  Respondent, in           
          the notice of deficiency, admitted that the income was                      
          erroneously allocated to Tesco rather than entirely omitted:                
               It is determined that Schedule C net income of                         
               $32,755.00 for the period of August 1, 1991 through                    
               November 14, 1991 was improperly omitted from the                      
               return.  You reported the net income from this period                  
               on the corporate return of Tesco Driveaway Co., Inc.                   
               However, Tesco Driveaway Co., Inc. was not                             
               incorporated until November 15, 1991 and therefore                     
               did not exist until that date.  Per your books the                     
               net income for the period of August 1, 1991 through                    
               November 14, 1991 is $32,755.00.  Therefore, your                      
               taxable income is increased $32,755.00 for 1991.                       
               Respondent argues that petitioner knew or should have known            
          that the State of Missouri had rejected Tesco’s incorporation               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011