Joseph A. and Sari F. Deihl - Page 71

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          1997 Form 1040X, petitioners reported an increase in adjusted               
          gross income of $1,700,000, also derived from an additional                 
          $1,700,000 of nonpassive income from partnerships and S                     
          corporations.                                                               
               The adjustments and deficiencies asserted in the statutory             
          notices for 1996 and 1997 were thereafter computed based on the             
          amounts reported in the Forms 1040X.  Among the adjustments                 
          reflected in the notice of deficiency for 1997 is a decrease in             
          income of $1,700,000 labeled “AGI CHANGE FORM 1040X” and                    
          explained:  “The $1,700,000 shown on your 1040X return for the              
          estimated increase in income from the related entities is                   
          adjusted as shown above.”  No similar adjustment was reflected in           
          the notice of deficiency for 1996.                                          
               Respondent on reply brief addresses the circumstances behind           
          the difference as follows:                                                  
               Petitioners’ 1997 Forms 1040 and 1040X were prepared by                
               two different Certified Public Accountants. * * *                      
               Insofar as Petitioners’ 1997 Form 1040X reported an                    
               amount previously reported in the Form 1040, namely                    
               $1,700,000.00 (now $1,750,000.00), the examiner                        
               appropriately adjusted Petitioners’ Form 1040X by                      
               reducing Petitioners’ income by the duplicative amount.                
                    In taxable year 1996, on the other hand, there                    
               were no such duplicative amounts between Petitioners’                  
               Forms 1040 and 1040X.  Consequently, Respondent’s                      
               examiner made no similar adjustment in Petitioners’                    
               1996 income as in their 1997 income. * * *                             
               Thus, respondent offers an explanation as to why a reduction           
          for the increased adjusted gross income reported on a Form 1040X            






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