- 53 - therefore 1993, were dependent on the final decision in Cordes Fin. Corp. v. Commissioner, supra. The decision in Cordes Fin. Corp. became final after the briefs were filed herein. We leave for the Rule 155 computation the calculation of CFC’s earnings and profits and its impact on the treatment of the constructive dividends. b. Respondent concedes that because there were total credits of $80,000 to account No. 312 during 1993, petitioner is entitled to credit that amount against the amount we conclude petitioner received as constructive dividends for 1993. c. Petitioners failed to address a number of the items respondent determined were constructive dividends for 1993. We deem petitioners to have conceded those adjustments. Petitioners’ arguments are such that only adjustments pertaining to the distribution of CFC’s funds to John Cordes and to the receipt of excess interest from CFC remain at issue. 2. Respondent adjusted petitioners’ income to reflect their receipt of taxable Social Security benefits in the amount of $6,860. Petitioners concede this adjustment. 3. Respondent recomputed petitioners’ itemized deductions and deduction for exemptions. Petitioners presented no arguments regarding these recomputations, and we deem petitioner to have conceded these adjustments. 4. Respondent determined petitioners were liable for a penalty for 1993, pursuant to sec. 6662(a), for substantial understatement of tax. Petitioners presented no argument regarding the penalty and concede that, if the Court concludes petitioners received income in 1993, they are liable for the penalty to the extent of that income. The Gift Tax Cases I. Docket No. 19178-97, Edmund J. Cordes: A. 1991: 1. Respondent determined petitioner made other taxable gifts as follows:Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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