Colin Kelly and Sharon K. Kaufman - Page 4




                                        - 4 -                                         
          she could identify as reported by petitioners for 1992 (on their            
          belated return) and for 1993.                                               
                                       OPINION                                        
               Petitioners presented no evidence that they are entitled to            
          deductions beyond those allowed by respondent.  Petitioners                 
          stipulated that they do not contest any Schedule C, Profit or               
          Loss From Business, expenses not mentioned in the stipulation.              
          Petitioners contend that the amount of the penalty and additions            
          to tax determined by respondent should be reduced in accordance             
          with their claims of reduction in their taxable income.                     
          Petitioners presented neither evidence nor argument about the               
          basis for imposition of the penalty and additions to tax.  Thus,            
          they have conceded these issues.  See, e.g., Money v.                       
          Commissioner, 89 T.C. 46, 48 (1987).  The issue remaining for               
          decision is whether certain legal fees received by petitioners              
          were taxable when received or were unearned “retainers” during              
          the years in issue.                                                         
               Petitioners contend that certain rounded dollar amounts                
          included in respondent’s reconstruction of their income for 1992            
          and 1993 were unearned retainers rather than taxable income                 
          during the years in issue.  The only evidence in support of                 
          petitioners’ contention is petitioner’s testimony.  We need not             
          accept uncontroverted testimony at face value if it is                      
          improbable, unreasonable, or questionable, see, e.g., Lovell &              






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011