Geoffrey K. Calderone, Sr. - Page 6

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          with another secured promissory note in which First Management              
          promised to pay petitioners the same amount of consideration, on            
          the same terms, for their shares.  When this new note was paid              
          off in 1996, Geoffrey reported no gain from the sale on his 1996            
          Federal income tax return.  Peter did not file a 1996 Federal               
          income tax return.                                                          
          II. Notice of Deficiency and Prior Proceedings                              
                On April 13, 1999, respondent issued a notice of deficiency           
          to Geoffrey for 1996, determining a deficiency of $1,952,470, an            
          addition to tax under section 6651(a)(1) of $477,503.25, and an             
          accuracy-related penalty under section 6662(a) of $389,466.40.              
          Respondent determined that the payment on the note in 1996 made             
          the remaining amount of capital gain, $6,381,649, taxable in                
          1996.  On July 9, 1999, Geoffrey authorized Jacob to file a                 
          petition with this Court on his behalf as to 1996.                          
                On December 20, 1999, respondent issued a similar notice of           
          deficiency to Peter for 1996, determining a deficiency of                   
          $1,965,013, an addition to tax under section 6651(a)(1) of                  
          $478,503, and an addition to tax under section 6654 of $19,834.             
          That notice determined that the payment in 1996 triggered                   
          recognition of capital gain of $6,156,266.  On March 20, 2000,              
          Peter authorized Jacob to file a petition with this Court on his            
          behalf as to 1996.                                                          







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