Nick Kikalos and Helen Kikalos - Page 19

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               Section 451(a) provides the general rule that “any item of             
          gross income shall be included in the gross income for the                  
          taxable year in which received by the taxpayer, unless, under the           
          method of accounting used in computing taxable income, such                 
          amount is to be properly accounted for as of a different period.”           
          Petitioner, who reports this type of income on the cash method,             
          must report income in the year it is actually or constructively             
          received.  See sec. 1.451-1(a), Income Tax Regs.  We agree with             
          petitioner that a check mailed on December 10, 1996, would likely           
          have been received by petitioner during 1996 and thus be                    
          includable in 1996 income.                                                  
               With respect to the $165 check, respondent contends that the           
          insurance recovery relates to a claim made by Cigarette City, a             
          company owned by petitioner’s children.  Petitioner contends that           
          he reimbursed Cigarette City for the amount of the check.                   
          Petitioner, however, has not provided any credible evidence other           
          than his own self-serving testimony that the reimbursement                  
          occurred.  Accordingly, we hold that petitioner underreported his           
          insurance reimbursement income by $165.                                     
          VI.  Accuracy-Related Penalties Under Section 6662 for Negligence           
               or Disregard of the Rules or Regulations                               
               Section 6662 provides for a 20-percent penalty on any                  
          understatement of tax attributable to negligence or disregard of            
          the rules or regulations, or any substantial understatement of              
          income tax.  Pursuant to section 6662(c), negligence includes any           





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