Howard and Linda Levine - Page 2

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               After settlement, the only issue for decision1 is whether              
          petitioner Howard Levine is liable for the fraud penalties for              
          1990, 1991, and 1992.2                                                      
               Hereinafter, references to petitioner in the singular are to           
          Howard Levine.  Unless otherwise indicated, all references to               
          sections are to the Internal Revenue Code, and all references to            
          Rules are to the Tax Court Rules of Practice and Procedure.                 

                                  FINDINGS OF FACT                                    
               At the time they filed their petition herein, petitioners              
          resided in Dix Hills, New York.                                             
               During 1990 through 1993, petitioner worked for his father’s           
          accounting firm as a bookkeeper and tax return preparer, and                

          1  Due to the fact that petitioner Linda Levine was unable to be            
          present to testify at the partial trial held on Dec. 5, 2000, we            
          have reserved for decision whether petitioner Linda Levine                  
          qualifies for relief from liability under sec. 6015(b) for the              
          Federal income tax deficiencies and the fraud penalties under               
          sec. 6663 that respondent determined against petitioners                    
          regarding their joint Federal income tax returns for 1990 through           
          2  With regard to 1993, petitioner Howard Levine’s liability for            
          the fraud penalty is established as a result of petitioner’s                
          guilty plea to criminal tax evasion under sec. 7201 for the same            
               In the alternative to the fraud penalties determined by                
          respondent, respondent for each year also determined against                
          petitioners late filing additions to tax and negligence                     

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Last modified: May 25, 2011