- 13 - INCOME (WHIPSAW)” and stated that “We have adjusted your gross income to include amounts received for grain income for $751,988.00 in 1994.” No further explanation was provided. Respondent also determined that Russell and Clarice were liable for the accuracy-related penalties pursuant to section 6662(a) for 1994 and 1995 with respect to certain adjustments contained in the notice of deficiency. These adjustments included the increase in gross income for grain income, issues subsequently conceded by Russell and Clarice relating to oil and gas activities, and an issue subsequently conceded by respondent relating to certain royalty income. In their petition, Russell and Clarice alleged that respondent “erroneously included within the taxpayers’ gross income grain income in the amount of $751,988 for the tax year 1994". In his answer, respondent denied this allegation but did not elaborate on the reason for the inclusion of the additional amount in gross income. OPINION The primary issue in this case involves the proper allocation between the estate and Russell of the grain sales income for 1994. Respondent has protected the Government from a potential whipsaw by taking inconsistent positions in his notices of deficiency. Respondent’s primary argument is that the estate and Russell are each liable for income tax on their respectivePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011