Joseph A. and Sari F. Deihl - Page 70

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          amount of the liability can be determined with reasonable                   
          accuracy, and economic performance has occurred with respect to             
          the liability.”  Sec. 1.446-1(c)(1)(ii), Income Tax Regs.                   
               Here, as was the case with the outlay to Boss Day Planners,            
          the record suggests that some, if not all, of the requisites for            
          inclusion of the $123,250 in cost of goods sold have not been               
          met.  Respondent is sustained on this issue.                                
          IV.  Reduction in Adjusted Gross Income                                     
               The parties’ positions with regard to the propriety of a               
          reduction in petitioners’ 1996 gross income center on the concept           
          of duplication.  Petitioners contend that unless their gross                
          income for 1996 is reduced by $550,000, they will be taxed twice            
          on this amount.  They allege that such a reduction was made with            
          respect to 1997 and that a like treatment should be accorded for            
          1996.  Respondent contends that an adjustment was made to 1997 to           
          eliminate duplicate reporting for that year which does not exist            
          for the 1996 year.                                                          
               Again, the underlying documentary record on this issue                 
          leaves much to be desired.  Mr. Goltz prepared petitioners’                 
          original Forms 1040, U.S. Individual Income Tax Return, for 1996            
          and 1997.  Subsequently, Mr. Leo prepared Forms 1040X, Amended              
          U.S. Individual Income Tax Return, for each of those years.  On             
          the 1996 Form 1040X, petitioners reported an increase in adjusted           
          gross income of $550,000, derived from an additional $550,000 of            
          nonpassive income from partnerships and S corporations.  On the             




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