Eddie Cordes, Inc., et al. - Page 53




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                         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 for            





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