Lawrence Horowitz - Page 3

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          failure to pay estimated taxes for either year.  The items of               
          income identified included wages, interest, and dividends                   
          reported by third-party payors and comprising the unreported                
          income determined in the notices of deficiency for 2001 and 2002.           
          The requests for admissions, however, mischaracterized certain              
          income from sale of stocks and/or bonds as “ordinary income”.  At           
          the time of trial, the parties stipulated to all of the items of            
          income received by petitioner, and respondent conceded that the             
          receipts from sale of stocks and/or bonds were capital gains.               
          However, because petitioner failed to present any information               
          concerning his holding period or basis in the stocks or bonds               
          sold, the gross proceeds are includable in petitioner’s income as           
          short-term capital gains.                                                   
               Petitioner’s frivolous claims that his income is not subject           
          to tax were repeated in filings in these cases subsequent to the            
          petitions, including motions to continue in order to conduct                
          frivolous discovery, and in his trial memorandum.  Petitioner was           
          warned by respondent and by the Court prior to trial that his               
          arguments were frivolous and that a penalty might be imposed.               
          Petitioner persisted in making his frivolous arguments at the               
          time of trial.                                                              
                                     Discussion                                       
               Petitioner’s arguments that the items of income that he                
          received are not taxable have long been recognized as stale,                






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