- 2 - section 6662(a).1 The deficiency and penalty stemmed from respondent’s determination that petitioners’ gross income for 1999 included $400,275 of unreported gross receipts received by K & C International Co. (KC), the sole proprietorship of petitioner Kaing Chin Baek (Baek). Respondent determined the presence and amount of this unreported income from information that he received from third parties stating that Baek had on each of various days made deposits totaling at least $10,000 into KC’s business checking account (KC account). During this proceeding, respondent obtained the 1999 bank statements of the KC account, spoke to Baek (or his counsel), and conceded at the start of trial that none of the proceeds of the referenced deposits were includable in petitioners’ gross income as they were received by Baek in repayment of funds given to Byung Chen Yoo (Yoo). Respondent now notes that the cash deposited into the KC account during 1999 ($898,286.80) exceeds the amount drawn on checks payable from that account to Yoo or to one of his businesses ($771,640) by $126,646.80 and argues that the $126,646.80 is taxable to petitioners unless they prove to the contrary. Respondent conceded at the start of trial that petitioners’ unreported income for 1999 is no greater than $126,646.80 and that the deficiency and accuracy-related penalty 1 Section references are to the applicable versions of the Internal Revenue Code.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011