John P. Trowbridge, Life Center Houston Business Trust, John P. Trowbridge, Trustee, and Life Choices Business Trust, John P. Trowbridge, Trustee - Page 18

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          valid return.  It follows that respondent is not barred by the              
          statute of limitations on assessment with respect to Dr.                    
          Trowbridge’s 1996 taxable year.14  See, e.g., Jarvis v.                     
          Commissioner, 78 T.C. 646, 655 (1982).                                      
          IV.  Additional 1996 Deficiency                                             
               In the notice of deficiency, respondent determined that the            
          medical practice generated gross receipts of $1,062,676 in 1996.            
          Respondent based that determination on an analysis of the deposit           
          activity with respect to the two bank accounts styled “John Parks           
          Trowbridge MD” and the Life Center bank account (collectively,              
          the medical practice bank accounts).  Respondent subsequently               
          received daily cash analysis reports and daily practice summaries           
          with respect to the medical practice for 1996 as the result of              
          the enforcement of a summons issued to Dr. Trowbridge.  Those               
          reports, introduced into evidence at trial, show that the medical           
          practice generated gross receipts of $1,632,140 in 1996.15                  


               14  Even if the revised 1996 Form 1040 that Dr. Trowbridge             
          submitted in January 2000 constitutes a valid return (an issue              
          respondent does not explicitly address and we do not decide),               
          respondent issued the notice of deficiency on Oct. 20, 2000, well           
          within the 3-year period of limitations on assessment for 1996              
          that would have commenced on the date of such filing.  See secs.            
          6503(a), 6213(a) (issuance of a valid notice of deficiency                  
          suspends the running of the period of limitations on assessment             
          during the pendency of any ensuing proceedings originating in               
          this Court).                                                                
               15  We have adjusted respondent’s computation of 1996                  
          medical practice gross receipts ($1,632,423) downward by $283 to            
          reflect a patient refund recorded on the cash analysis report for           
                                                             (continued...)           




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