-4- Respondent no longer has copies of any of the six partnerships’ Federal tax returns for 1990, and the Schedules K-1, Partner’s Share of Income, Credits, Deductions, etc., are not in the record. Respondent has a copy of Cinema’s 1990 Form 1120S, U.S. Income Tax Return for an S Corporation. The original return reported gross income from wages, interest, a State tax refund, miscellaneous income, and rental income totaling $3,019,317. The original return also reported long-term capital gain of $5,304 from the partnerships and section 1231 gain of $76,070 from the S corporation. The record does not indicate the gross income of the six partnerships. On September 8, 1997, petitioners filed an amended 1990 Federal income tax return (the amended return) that was prepared by their accountant.1 The amended return shows an additional tax liability of $218,152, without statutory additions, which was based upon $779,114 of gross income that was omitted from the original return.2 The amount omitted from the original return relates to cancellation of indebtedness income that petitioners did not report. 1 Respondent asserted in the answer that the amended return was filed pursuant to a plea agreement that settled a criminal case brought against Mr. Hoffman. See United States v. Hoffman, No. CR 96-1144(A)-JGD (C.D. Cal.) (the criminal case). Respondent later conceded that the amended return was not filed as a condition to the plea agreement. 2 Respondent never issued a notice of deficiency to petitioners for 1990.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011