- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011