- 2 - $42,556, respectively.2 After concessions, the issues for decision are: (1) Whether petitioners failed to report income from mining activities in the amount of $515,993 for 1988. We hold they did. (2) Whether petitioner, Mr. Hamilton, is liable for an addition to tax for fraud pursuant to section 6653(b)(1) for 1988.3 We hold he is. (3) Whether petitioners substantially understated their Federal income tax for 1988 within the meaning of section 6661. We hold they did. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. Petitioners, Bill Fred Hamilton (Mr. Hamilton) and Connie Hamilton (Mrs. Hamilton), husband and wife, resided in Barbourville, Kentucky, at the time they filed the petition. Mr. Hamilton was engaged in the business of brokering coal during 1982 through 1989. Mr. Hamilton owned a 50-percent interest in C.Y. Smith Corp. (CYS), a corporation engaged in mining and brokering coal. He also indirectly managed and ran the day-to-day operations of R & B Excavating, Inc. (RBE), an 2 Respondent has conceded a portion of the deficiency amount. 3Respondent concedes that Mrs. Hamilton is not liable for a fraud-related addition to tax under sec. 6653(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011