Thomas J. Nehrlich - Page 3




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          partners” and the second was on the line labeled “other                     
          deductions.”  JTA identified both these items, in separate                  
          statements attached to its return, as “Health Insurance                     
          Premiums.”  Nehrlich agrees with the Commissioner that the double           
          reporting of the premiums was simply a mistake.                             
               The Commissioner audited JTA's 1995 partnership return using           
          TEFRA audit procedures, not because one of the partners had                 
          designated himself the TMP and the partnership return had a                 
          checked box stating that TEFRA procedures would apply, but                  
          because the examiner noticed that JTA allocated one item--the               
          $12,850 in health insurance premiums listed under “other                    
          deductions”--other than in equal thirds.2  The focus of the                 
          audit, though, was the value of JTA’s gift to the University of             
          Iowa.  The Commissioner concluded the software was worthless, and           
          made a $6 million adjustment.  At the end of the audit, in                  
          October 2000, the Commissioner sent Wypychowski a Notice of Final           
          Partnership Administrative Adjustment (FPAA) by certified mail.             
          The Commissioner alleges that he also mailed an FPAA to Nehrlich,           
          and offers as evidence the first page of an FPAA and a certified            
          mailing list showing Nehrlich’s name and address.  However, he              
          stipulated that he cannot prove Nehrlich received the FPAA, and             
          Nehrlich claims that he did not.                                            


               2 Nehrlich was allocated $2405; Wypychowski, $3111; and Yee,           
          $7334.                                                                      






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