- 34 - checks and rent checks that Edgar diverted to petitioner’s personal Big Bear bank account and their failure to report distributions from the Anis partnership in 1998 and 1999. 2. Petitioners’ Unreported Income for the Years in Issue Petitioners deducted theft losses based on Edgar’s unauthorized use of petitioner’s funds deposited in the Big Bear account. To support their theft loss deduction, petitioners admitted that they had failed to report legal fees and rental income of $67,437 for 1995 and $87,942.76 for 1998 which had been deposited by Edgar in petitioners’ Big Bear account but not deposited in petitioner’s law firm account, recorded in his client billings records, or reported on their returns for 1993- 98. Respondent contends that petitioners are liable for tax on (a) those amounts, and (b) distributions from the Anis partnership consisting of an ordinary loss of $2,240 for 1995, a capital gain of $5,594 for 1998, and income of $9,127 for 1999. These amounts were not taken into account in the notice of deficiency. 3. Whether To Allow Respondent To Amend the Answer After trial, respondent filed a motion for leave to file amendment to answer asserting increased deficiencies and additions to tax as a result of respondent’s allegation that petitioners failed to report $67,437 for 1995 and $87,942.76 for 1998. The parties may amend their pleadings only by leave of thePage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011