Bidyut K. Bhattacharyya and Diana T. Bhattacharyya - Page 18

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               Respondent asserts that petitioners received unreported or             
          underreported taxable income from the following sources:  (1)               
          $372,850 from the distribution from Plan 15104, of which only               
          $192,850 was reported; (2) $14,443 and $30,623 from the                     
          offsetting distributions made in satisfaction of the loans from             
          Plan 15105 and Plan 15106, respectively, none of which was                  
          reported; and (3) $749,930 on the distributions from the Fidelity           
          IRA and the US Bancorp IRA, of which only $444,327 was reported             
          as being taxable.8  Respondent raised these matters in the                  
          amendment to answer, not in the notice of deficiency, and now               
          seeks an increased deficiency based in part on these new matters.           
          Therefore, respondent bears the burden of proof with respect to             
          these new matters.  See Rule 142(a).                                        
               Petitioners dispute respondent’s assertions and argue that,            
          of the $746,191 reported as taxable income on the Intel W-2,                
          $606,963 is not included in gross income.9                                  






               8  Petitioners also received but did not report a State                
          income tax refund of $34,500.  As noted above, the parties agree            
          that petitioners are liable for Federal income tax in 2000 on               
          that refund.  See supra note 4.                                             
               9  On petitioners’ first and second Forms 1040X, petitioners           
          assert that their taxable income should be reduced by $632,639.             
          In their amended petition and on brief, petitioners argue that              
          their taxable income should be reduced by $606,963.  The origin             
          of this discrepancy is unclear.                                             




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