Victor E. Biyo and Amor O. Biyo - Page 7

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          determination that petitioners include a portion of the Social              
          Security disability benefits in their 2001 gross income.4                   
               Finally, respondent determined that petitioners failed to              
          report $87 of interest income.  The interest income reported on             
          petitioners’ 2001 return is understated by $87.  Although                   
          petitioners have not expressly conceded the point, nothing in the           
          record suggests that respondent’s adjustment increasing                     
          petitioners’ income by that amount is in any way erroneous.                 
          Accordingly, we sustain respondent’s determination with respect             
          to petitioners’ 2001 underreported interest income.                         
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          










               4  According to the notice of deficiency, $30,585 of the               
          benefits must be included in petitioners’ 2001 income.  We are              
          unable to duplicate the calculation that results in that amount,            
          as our calculation results in a larger number.  The manner in               
          which respondent treated the $4,000 reimbursement for attorney’s            
          fees, which is unclear from the record, no doubt has something to           
          do with the discrepancy.                                                    




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