Letantia Bussell - Page 2

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          related $348,697 fraud penalty under section 6663(a).2  Following           
          respondent’s concession of an adjustment alleged in his amended             
          answer, we must decide the following four issues as to 1996:                
               1.  Whether respondent arbitrarily or erroneously determined           
          that petitioner failed to report dividend income of $1,149,048.             
          We hold that he did not.                                                    
               2.  Whether petitioner is liable for the fraud penalty under           
          section 6663(a), and, if so, whether section 6501(c)(1) applies             
          to annul the 3-year period of limitations under section 6501(a).            
          We hold that she is and that section 6501(c)(1) annuls the 3-year           
          period of limitations.                                                      
               3.  Whether respondent’s determination is barred by judicial           
          estoppel.  We hold that it is not.                                          
               4.  Whether petitioner is entitled to relief under section             
          6015.  We hold that she is not.                                             
                                   FINDINGS OF FACT                                   
          I.   Overview                                                               
               The parties submitted to the Court stipulated facts and                
          related exhibits.  We find those stipulated facts accordingly and           
          incorporate those facts and exhibits herein.  The Court also                
          deemed admitted certain matters pursuant to Rule 91(f).  We                 
          incorporate herein by this reference those matters deemed                   


               2 Unless otherwise indicated, section references are to the            
          Internal Revenue Code applicable to the relevant years, and Rule            
          references are to the Tax Court Rules of Practice and Procedure.            




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