Doyce D. Gentry - Page 9




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          papers long before petitioner filed his 1991 individual income              
          tax return.  Respondent notes the 1992 and 1993 fiscal year                 
          corporate returns of Tesco, which petitioner signed, recite the             
          incorporation date as November 15, 1991.  Respondent also notes             
          that petitioner re-signed the incorporation papers after they               
          were returned by the State of Missouri due to a defect.                     
          Respondent asks us to infer that petitioner’s prior knowledge               
          that the Missouri secretary of state had rejected the                       
          incorporation papers equals knowledge that an error was made in             
          the allocation of income between petitioner’s individual and                
          Tesco’s corporate return.  We disagree.                                     
               Even if petitioner knew that the incorporation papers had              
          been rejected, respondent did not show that petitioner knew both            
          that the $32,755 of income had been included in the corporate               
          return and excluded from his individual return, and that the                
          State of Missouri’s rejection of the incorporation papers                   
          required petitioner, as a legal matter, to include the income               
          that was earned during the gap period on his individual return.             
               Petitioner testified without contradiction that he relied              
          on his accountant to prepare proper tax returns.  His accountant            
          knew all the facts regarding the rejected incorporation papers              
          because he is the one who submitted them, received them back                
          unfiled, and then fixed and resubmitted them.  Yet, even at the             
          time of trial, the accountant thought the income during the gap             






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