- 16 - BIC’s 1992 income.7 Without the BIC income, FFI apparently had no taxable income in 1992; indeed, the Fieldses apparently used the refund of FFI’s $300,000 estimated tax payment to pay almost all of their 1992 underpayment of approximately $350,000 that resulted from Mr. Carcasi’s botched plan. In effect, the Fieldses simply made a payment to the wrong tax account in 1992. On those facts, respondent had no reasonable basis for asserting the fraud penalty against petitioner with respect to the understatement of income on the initial 1992 return. D. Disallowed Business Expense Deductions Respondent averred that petitioner fraudulently overstated business expenses (1) on the amended 1991 return by $46,790, (2) on the amended 1992 return by $138,795, and (3) on the 1993 return by $64,081. Respondent’s position in that regard is particularly puzzling, since the Fieldses filed those returns after respondent had commenced his examination of the years in question.8 In effect, respondent took the position that petitioner committed fraud with respect to those returns even though she knew that respondent would immediately examine them. 7 The size of that estimated tax payment indicates that the amount of BIC’s income that was sheltered by FFI’s losses in accordance with Mr. Carcasi’s plan was, in fact, insubstantial. 8 Petitioner alleges that the revenue agent who examined the returns never relied on the disallowed deductions to sustain a finding of fraud, an allegation that is supported by the revenue agent’s report (Form 886-A) with respect to this case.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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