- 2 - Year Deficiency Sec. 6662(a)1 Penalty 1999 $323,517.00 $64,703.40 2000 207,511.00 41,502.20 After concessions,2 the issues for decision are: (1) Whether petitioner received rental income of $16,200 in 1999 and $16,200 in 20003 (years in issue); (2) whether amounts disbursed to or on behalf of petitioner by Caspian Consulting Group, Inc. (Caspian) during the years in issue were properly characterized as loans or should be recharacterized as constructive dividends; and (3) whether petitioner is liable for accuracy-related penalties under section 6662(a) for the years in issue. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits, to the extent admitted, are incorporated herein by this reference. At the time 1 Unless 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. 2 Petitioner concedes that he received the following: (1) Capital gain of $137,880 in 1999; (2) additional income of $4,415.57 in 1999 from personal expenses charged by petitioner to Caspian’s credit card and paid by Caspian; and (3) additional inoome of $10,000 in 2000 from petitioner’s personal use of the company aircraft. 3 In respondent’s notice of deficiency, respondent determined that petitioner had received rental income of $19,800 for 1999 and $19,800 for 2000. However, respondent subsequently conceded that this amount was the result of a computational error and asserted that petitioner received only $16,200 in each year.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