Thomas Rice - Page 6

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          respondent to issue the notice of deficiency dated June 27, 1994.              
               On September 23, 1994, petitioner filed a timely petition                 
          with the Court.  A trial was held on December 5 and 23, 2002.                  
          This Court established a posttrial briefing schedule that                      
          required respondent to file an opening brief on or before March                
          10, 2003, and required petitioner to file an answering brief on                
          or before May 22, 2003.  Only respondent filed the required                    
          posttrial brief.                                                               
                                        OPINION                                          
               Respondent contends that from 1982 through 1987 petitioner                
          failed to report income he received from the sale of tax shelters              
          and insurance.  In addition, respondent alleges that the entire                
          underpayment for all 6 years is attributable to fraud.                         
          Petitioner contends that respondent’s determinations for all                   
          years at issue are incorrect and denies that he committed fraud.               
          I.  Income Tax Deficiencies                                                    
               A.  Unreported Income                                                     
               Gross income is defined as “all income from whatever source               
          derived” and includes gross income derived from business                       
          (Schedule C taxable income).  Sec. 61(a)(2).  Section 6001                     
          requires a taxpayer to maintain books of account or records                    
          sufficient to establish his gross income, deductions, and                      
          credits.  Sec. 1.6001-1(a), Income Tax Regs.; see also Estate of               
          Mason v. Commissioner, 64 T.C. 651, 656 (1975), affd. 566 F.2d 2               
          (6th Cir. 1977).  When a taxpayer fails to keep adequate records,              




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