- 16 - activity, (4) excess Schedule E depreciation deductions of $15,317, and (5) computational adjustments related to personal exemptions. 1993 and 1994 Individual Returns On December 2, 1996, respondent issued a letter (no change letter) in connection with the audit of petitioner’s 1993 and 1994 fiduciary returns, which stated: Since there was no material change in the tax you reported, we are accepting your return with the changes noted. You can contest these changes only when the result changes the amount of your income tax. Changes that affect carryovers to future years or periods cannot be protested at this time because we are not changing the tax reported on your return. If additional tax is proposed for a later year based on an adjustment of a carryover reflected in this report, you can contest the issue at that time. On November 19, 1997, respondent issued a notice of deficiency (1993/1994 notice) to petitioner determining deficiencies, an addition (1993 only), and penalties for the calendar years 1993 and 1994. After concessions,6 respondent has continued to assert adjustments for the following items: (1) 5(...continued) $35,000 of the amount petitioner wrongly claimed as a cost of goods sold. 6 Under the assumption that petitioner would not be entitled to exclude the United Ready Mixed settlement proceeds from income in 1992 or deduct the payment made to petitioner’s attorney’s trust account in 1992, respondent conceded that in 1993 petitioner paid to Lurie & Zepeda and was entitled to deduct from gross income in arriving at adjusted gross income under sec. 162 $200,000 in legal fees. Respondent also conceded that petitioner was not subject to tax on $642,698 and $114,839 of deposits made to the living trust in 1993 and 1994, respectively.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011