- 53 - portion of that tax. Petitioner’s liability is decided in the body of the opinion; the deduction is computational. 6. Respondent concedes petitioners may be entitled to deduct a larger amount for charitable contributions for the taxable year, as and to the extent shown in the Rule 155 computation. 7. Respondent determined petitioners were liable for the fraud penalty pursuant to sec. 6663 on the portion of the underpayment attributable to the constructive dividends and the income from self employment. Respondent concedes that Mrs. Cordes is not liable for that penalty. B. 1995: 1. The parties stipulated that for 1995, the following distributions constitute constructive dividends from ECI: $16,000 from diversion of checks from unidentified loans; $55,088 from diversion of tag refunds; and $28,514 from excess payoffs. 2. The parties stipulated that for 1995, $45,702 from an unexplained source of funds constitutes a constructive dividend from CFC. Respondent concedes that portion of his determination in excess of the parties’ stipulation. 3. Petitioners concede receiving $14,462 in Social Security benefits in 1995. The extent to which they are taxable will be calculated in the Rule 155 computation. 4. Respondent made various computational changes to petitioners’ taxable income because the increase in constructive dividends increased petitioners’ taxable income so that the limitation of itemized deductions was increased, itemized deductions were eliminated, the standard deduction was allowed, and the exemption amount under sec. 151(d)(3) was reduced. The extent to which these changes affect petitioners’ ultimate liability will be calculated in the Rule 155 computation. 5. Respondent determined petitioner had self- employment income, that petitioner was liable for the self-employment tax on that income, and that petitioner was entitled to a deduction for a portion of that tax. Petitioner’s liability is decided in the body of the opinion; the deduction is computational. 6. Respondent concedes petitioners may be entitled to deduct a larger amount for charitable contributions for the taxable year, as and to the extent shown in the Rule 155 computation. 7. Respondent determined petitioners were liable forPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011