James Joseph, Jr. - Page 6




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          respondent’s agent estimated that petitioner had the following              
          amounts of gross receipts:                                                  

                                          1992         1993        1994               
          Returns prepared             724          756         700                   
          Return preparer fee          $25          $28         $26                   
          RAL fee                      $30          $30         $30                   
          Total fee per return           x $55        x $58       x $56               
          Total gross receipts         $39,820      $43,848     $39,200               
          Less gross receipts          $4,695       $13,601     $22,895               
          reported                                                                    
          Adjustment per notice of     $35,125      $30,247     $16,305               
          deficiency (unreported                                                      
          income)                                                                     

                                       OPINION                                        
          A.   Whether Petitioner Had Unreported Income in 1992-94                    
               1.   Positions of the Parties                                          
               Respondent contends that petitioner understated his income             
          by $35,125 for 1992, $30,247 for 1993, and $16,305 for 1994.                
          Petitioner contends that he reported all of his income in 1992-94           
          and that respondent’s method of reconstructing his income is                
          inaccurate.                                                                 
               2.   Whether Respondent’s Determination Is Entitled to                 
                    Presumption of Correctness                                        
               The U.S. Court of Appeals for the Fifth Circuit, the circuit           
          to which this case is appealable, has stated that, in cases                 








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