- 2 - section 66631 for 1993, 1994, and 1995 of $22,410, $61,488.75, and $33,916.50, respectively. The issues for decision are: (1) Did respondent issue the notice of deficiency before the expiration of the period of limitations on assessment? We hold that petitioners filed false or fraudulent returns with the intent to evade tax for 1993, 1994, and 1995, and consequently there is no limitation on assessment under section 6501(c)(1); (2) did petitioners receive $222,735 in unreported income from HRDC Construction (HRDC), a partnership owned 100 percent by petitioners, in 1994? We hold that they did; (3) are petitioners entitled to deductions in excess of those allowed by respondent in the notice of deficiency? We hold that they are not; (4) are unreported bank deposits of $30,953.94 in 1995 taxable to petitioners? We hold that they are; (5) is petitioner Dorene Payne (Mrs. Payne) entitled to innocent spouse relief under section 6015? We hold that she is not; and (6) are petitioners liable for the fraud penalty under section 6663? We hold that they are liable for the fraud penalty with respect to the unreported income they received from HRDC, but not with respect to their unreported bank deposit income. 1Unless otherwise indicated, all section references are to the Internal Revenue Code as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011