Edward D. Clark - Page 17




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          the extent of the taxpayer’s effort to assess his proper tax                
          liability.  This factor includes in some circumstances the                  
          taxpayer’s reasonable and good faith reliance on the advice of a            
          tax professional.  Id.                                                      
               Respondent’s burden of production has been met.  Petitioner            
          has conceded that he received, but failed to include in gross               
          income, the following amounts of interest income and U.S.                   
          military retirement pay in the years in issue:                              
                                                        U.S. Military                 
                    Year           Interest Income      Retirement Pay                
                    2002                $20             $14,904.00                    
                    2003                31              15,106.20                     
                    2004                50              15,417.00                     
          Petitioner also concedes that he either failed to report that               
          income on his returns for the years in issue or improperly                  
          excluded it as foreign earned income.                                       
               Because petitioner’s income earned in international waters             
          is includable in his gross income, petitioner also improperly               
          excluded from gross income the following amounts, calculated by             
          multiplying petitioner’s total earned income for each year by the           
          ratio of days worked in international waters to total days worked           
          for that year:                                                              
                         Days Worked in                Amount Includable              
              Year         International Waters         in Gross Income               
              2002      88  (205 total days worked)    $20,921.60                     
              2003      115 (204 total days worked)    31,215.60                      
              2004      90  (182 total days worked)    26,023.54                      







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