- 10 - disinterested generosity. The bonuses were set by a third person and based on petitioner’s quality performance and approved by Drs. Deland and Noell. The facts in this record do not support a finding that the payments to petitioner were intended as gifts. See also sec. 102(c); Leschke v. Commissioner, T.C. Memo. 2001- 18. Accordingly, we hold that the $25,000, $35,000, and $35,000 payments of bonuses constituted gross income that petitioner failed to report. Next, we address petitioner’s claim that the normal 3-year period for assessment had expired prior to respondent’s issuance of the notice of deficiency for the 1993 and 1994 tax years. There is agreement that the period for assessment under section 6501 was not extended by written consent of the parties. As of April 13, 1999, when respondent mailed the notice of deficiency to petitioner, more than 3 years had elapsed since the filing of petitioner’s return for 1993 and 1994. Respondent, however, relies on section 6501(e), which provides for a 6-year period for assessment, if a taxpayer “omits from gross income an amount properly includible therein which is in excess of 25 percent of the amount of gross income stated in the return”. In that regard, respondent bears the burden of showing the 25-percent omission. We have already decided, based on the preponderance of the evidence, that the bonuses were includable in petitioner’s gross income for 1993 and 1994. Petitioner andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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