Grossman v. Commissioner
Decision Date | 07 October 1996 |
Docket Number | Docket No. 20526-90.,Docket No. 14364-91. |
Citation | 72 T.C.M. 845 |
Parties | Robert D. Grossman, Jr. v. Commissioner. |
Court | U.S. Tax Court |
Robert D. Grossman, Jr., pro se. Stephen L. Braga and Eric F. Horvitz, for the petitioner. John C. McDougal, for the respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
Respondent determined deficiencies in Federal individual income tax, deficiencies in Federal excise tax under section 49731 (excess I.R.A. contributions), and additions to tax under sections 6653(b) (fraud) and 6661 (substantial understatement of income tax) against petitioner as follows:
Deficiency Additions to Tax ----------------------- --------------------------------------------------------- Sec. 6653 Sec. 6653 Sec. 6653 Sec. 6653 Year Income Tax Excise Tax (b)(1) (b)(2) (b)(1)(A) (b)(1)(B) Sec. 6661 1983 ................. $12,740 $105 $6,370 1 -- -- -- 1984 ................. 15,917 210 7,959 2 -- -- -- 1985 ................. 14,924 315 7,462 3 -- -- $3,652 1986 ................. 6,400 -- -- -- $4,800 4 -- 1987 ................. 4,778 315 -- -- 221 5 -- 1988 ................. 2,886 -- -- -- -- -- -- 1 50 percent of the interest due on $12,635 2 50 percent of the interest due on $3,856 3 50 percent of the interest due on $14,609 4 50 percent of the interest due on $6,400 5 50 percent of the interest due on $294.
Respondent determined in the alternative that, if petitioner is not liable for part or all of the additions to tax for fraud for 1986, then petitioner is liable for negligence additions to tax under subparagraphs (A) and (B) of section 6653(a)(1).
Docket No. 20526-90 deals with 1986, a joint tax return year. Docket No. 14364-91 deals with 1983, 1984, 1985, and 1987, all joint tax return years, and 1988, a separate tax return year. The dockets are consolidated for trial, briefing, and opinion. The joint returns were filed by petitioner and his then-wife, Betsy Grossman, hereinafter sometimes referred to as Betsy. After concessions2 and deemed concessions3 by both sides, the issues for decision are as follows:
(1) Whether the assessment and collection of deficiencies and additions to tax for 1983, 1984, and 1985 are barred by the statute of limitations, section 6501(a), or are allowed under the fraud exception, section 6501(c)(1), to the general period of limitations.
(2) If assessment and collection are not barred for 1983, 1984, and 1985, then, for each of those years—
(a) whether petitioner is liable for civil fraud additions to tax under paragraphs (1) and (2) of section 6653(b) and, as to paragraph (2) of section 6653(b), in what amounts.
(b) what is the amount of petitioner's unreported gross income.
(3) For 1986—
(a) whether petitioner is liable for civil fraud additions to tax under subparagraphs (A) and (B) of section 6653(b)(1) and, as to subparagraph (B) of section 6653(b)(1), in what amount.
(b) what is the amount of petitioner's unreported gross income.
(c) whether petitioner qualifies for innocent spouse treatment under section 6013(e).
(4) For 1987, whether petitioner overstated an itemized interest deduction by $8,559.
FINDINGS OF FACT
Some of the facts have been stipulated; the stipulations and the stipulated exhibits are incorporated herein by this reference.
When the petitions were filed in the instant cases, petitioner resided in Chevy Chase, Maryland.
Background
Petitioner is a sophisticated taxpayer. Petitioner is a practicing attorney; he holds a J.D. degree from the University of Florida and an LL.M. in Taxation degree from New York University. Petitioner was a senior trial attorney in the Trial Branch of the Tax Court Litigation Division, Office of Chief Counsel, Internal Revenue Service, from 1971 through July 1975. Since July 1975, petitioner has been engaged in private practice, specializing in Federal tax law, and is currently a member of the bar of this Court. Petitioner was a name partner in the law firm of Grossman & Flask, located in Washington, D.C., during the years in issue. Petitioner does not prepare tax returns for himself or others.
Petitioner and Betsy married in 1967. They had three children, two daughters and a son, who were born in the 1970's—RobBee (1970), Wendi (1973), and Geoffrey (1976). Petitioner and Betsy were married during the years in issue; they separated in September 1986 and divorced in 1991.
Betsy holds a bachelor of science degree from the University of Colorado and a masters degree in special education and learning disabilities from the University of Florida. In 1966, Betsy worked for the Sley Corporations, described infra. For about 2 years, Betsy was employed as a schoolteacher and earned a yearly salary of about $5,100. At some point, Betsy was employed as a substitute teacher and as a gift store clerk for "minimal" salary.
During the years in issue, petitioner and Betsy had only one joint checking account. Through September 1986, this was petitioner's only checking account. Betsy wrote and signed almost all the checks drawn on this account. While petitioner and Betsy were married, petitioner deposited his earnings into the joint bank account, and Betsy was responsible for spending these funds. Betsy made the decisions regarding petitioner's and Betsy's expenditures.
Betsy is the daughter of Harry Sley, hereinafter sometimes referred to as Harry, and Beatrice Sley, hereinafter sometimes referred to as Beatrice. Harry died on December 11, 1977. During the years in issue, Beatrice generally divided her time between Potomac, Maryland, and Miami, Florida. From about May to November, Beatrice lived at least part of the time in a home in Potomac,...
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