- 70 - 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 thePage: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Next
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