Jimie R. and Sandra Herlitschek Overby - Page 3

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               Respondent determined a deficiency in petitioners’ Federal             
          income tax in the amount of $10,167 and an accuracy-related                 
          penalty under section 6662(a) of $1,728.40 for taxable year 1995.           
          After petitioners’ concession,1 the issues for decision are:  (1)           
          Whether petitioners received unreported income of $22,082.25 for            
          1995, as suggested by unexplained bank deposits made by them                
          during that year; and (2) whether petitioners are liable for an             
          accuracy-related penalty under section 6662(a) for 1995.                    
          Background                                                                  
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated herein by this reference.  At the time of filing               
          their petition, petitioners resided in Green Lane, Pennsylvania.            
               During the year in issue, petitioner Jimie R. Overby                   
          (hereinafter petitioner) operated a general contracting business,           
          while petitioner Sandra Herlitschek Overby operated a consulting            
          business.  Petitioners deposited the gross receipts from these              
          two businesses into bank accounts opened at Quakertown National             
          Bank.  The bank accounts consisted of a checking account and a              
          savings account.                                                            
               During the year in issue, petitioners made bank deposits               
          totaling $103,072.44.  Of this total amount, $50,657 is                     


               1  Petitioners concede that they are not entitled to the               
          claimed Schedule C, Profit or Loss From Business, deductions in             
          the amount of $10,811 for the 1995 taxable year.                            




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