Albert M. Graham and Martha A. Graham - Page 34

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          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 the           






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