- 2 - petitioner’s Federal income taxes:2 Addition to Tax Civil Fraud Penalty Year Deficiency Sec. 6654(a) Sec. 6663 1989 $ 84,472 $5,708 $ 63,354 1990 95,905 6,343 71,929 1991 153,032 8,702 114,774 After concessions by both parties,3 the issues for decision are: (1) Whether petitioner is entitled to deductions for aviation-related expenses, not previously claimed on his Federal income tax returns, in excess of amounts agreed to by respondent; (2) whether petitioner is liable for civil fraud penalties under section 6663; and (3) whether the period of assessment for taxable year 1989 has expired.4 2 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect during the years at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 3 As discussed more fully infra, the parties stipulated the amounts of petitioner’s unreported gross income from various sources and certain allowable deductions related thereto. In addition, respondent concedes that petitioner is entitled to deductions with respect to losses on the sale of two aircraft for taxable years 1989 and 1990 in the respective amounts of $13,195 and $6,591. Respondent also concedes that petitioner is entitled to a math error adjustment, in his favor, to reported Schedule C, Profit or Loss From Business, costs of operations in the amount of $8,000 for taxable year 1989 and rental deductions in the total amount of $5,427 for taxable year 1991. 4 We have jurisdiction to redetermine additions to tax under sec. 6654(a) only if no Federal income tax returns were filed for the years before the Court. See sec. 6665(b)(2); see also Meyer v. Commissioner, 97 T.C. 555, 562 (1991); Sigel v. Commissioner, T.C. Memo. 2001-138. Because petitioner filed a Federal income tax return for each year before the Court, the (continued...)Page: Previous 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