- 22 - disclosure for purposes of section 6501(e). Therefore, we find that the Hercules payment is omitted gross income for purposes of section 6501(e). The parties also dispute whether the Bensons omitted from their 1989 income tax return $29,400 in constructive dividends from the ERG payments related to the Lowell plant. As we found supra, the 1989 return of NPI provided a misleading disclosure because the return did not reveal that NPI paid rent for the Lowell plant even though it did not have a contractual obligation to make any rent payments. NPI’s return failed to adequately apprise respondent of the nature of this income for purposes of section 6501(e)(1)(A)(ii); therefore, the $29,400 of constructive dividends is omitted gross income.12 Respondent’s calculation of the Bensons’ omitted gross income included “Interest/Dividend (NPI)” income of $861. In his brief, respondent failed to explain why this amount constituted omitted gross income. We will not include the $861 of “interest/dividend (NPI)” income in our calculation of the Bensons’ omitted gross income. For purposes of applying section 6501(e), we hold that the Bensons omitted gross income of $444,086, itemized as follows: 12 In the “reverse rental income recharacterized as constructive dividends”, it appears that respondent reduced the omitted gross income in an amount equal to the Bensons’ pro rata share of the Lowell plant rent.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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