Polidori v. Commissioner
Decision Date | 19 November 1996 |
Docket Number | Docket No. 1902-95. |
Citation | 72 T.C.M. 1297 |
Parties | Lawrence J. Polidori v. Commissioner. |
Court | U.S. Tax Court |
Sherwin C. Peltin, Milwaukee, Wis., for the petitioner. J. Paul Knap, for the respondent.
Respondent determined deficiencies in and additions to petitioner's Federal income tax as follows:1
Additions to Tax ------------------------ Year Deficiency Sec. 6661 Sec. 6653(b) 1980 ....................................... $113,469 -- $64,650 1981 ....................................... 39,563 -- 28,150 1982 ....................................... 40,360 $10,090 25,125 1983 ....................................... 19,561 4,890 9,781 1984 ....................................... 19,286 4,822 9,643 1985 ....................................... 41,813 10,453 20,907 1986 ....................................... 21,143 5,286 12,907
After concessions, the issues for decision are:
(1) Whether certain deposits to a foreign bank account constitute unreported income to petitioner. We hold that they do.
(2) Whether petitioner is liable for additions to tax for fraud under section 6653(b) for 1980 and 1981, under section 6653(b)(1) and (2) for 1982 through 1985, and under section 6653(b)(1)(A) and (B) for 1986. With respect to taxable years 1980 through 1984, we hold that he is. With respect to taxable years 1985 and 1986, we hold that he is not.
(3) Whether petitioner is liable for the addition to tax under section 6661 for a substantial understatement in income tax for taxable years 1982, 1983, 1984, 1985, and 1986. To the extent provided for herein, we hold that he is.
(4) Whether the period of limitations has expired for assessment and collection of the deficiencies in and additions to petitioner's Federal income tax for any year at issue. With respect to taxable years 1980 through 1984, we hold that it has not. With respect to taxable years 1985 and 1986, we hold that it has.
Some of the facts have been stipulated and are so found. The stipulation of facts and attached exhibits are incorporated herein. At the time the petition was filed, petitioner resided in Ozona, Florida.
Petitioner and his former spouse2 were husband and wife throughout the years at issue. They filed joint Federal individual income tax returns for taxable years 1980, 1981, 1982, 1983, 1984, and 1985. Despite being married, petitioner filed his 1986 Federal individual income tax return using the filing status of "head of household."
Petitioner was a practicing dentist throughout the years at issue. During that period, both he and his former spouse were co-owners of a foreign bank account (the foreign account) located in the Bahamas. From time to time, petitioner opened subsidiary accounts within the foreign account for various investment purposes. Neither petitioner nor his former spouse made withdrawals from the foreign account prior to 1986.3 On September 1986, petitioner opened a second foreign account with the same Bahamian bank. Unlike the first foreign account, however, petitioner was the sole owner of this second account. The first foreign account was closed in November 1986.4
During the years at issue, petitioner made 66 deposits to the foreign account. Many intra-account transfers were also made. The aggregate annual deposits to the foreign account were as follows:
Number of Amount Year Deposits Deposited 1980 ............... 6 $202,000 1981 ............... 15 42,031 1982 ............... 17 52,016 1983 ............... 10 24,205 1984 ............... 5 17,695 1985 ............... 12 51,484 1986 ............... 1 1,096
More specifically, individual deposits to the foreign account were as follows:5
The account records indicate that most of the 66 deposit transactions involved the deposit of multiple checks.
During the years at issue, the foreign account earned the following amounts of interest:
Year Interest Earned 1980 ...................... $ 7,503 1981 ...................... 33,286 1982 ...................... 33,594 1983 ...................... 24,408 1984 ...................... 30,539 1985 ...................... 48,621 1986 ...................... 36,886
In 1980, petitioner also realized a short-term capital gain in the amount of $13,117.23 from assets contained in the foreign account.
Petitioner used a professional accountant to prepare his tax returns for each year at issue. He did not, however, provide the accountant with information pertaining to the existence of the foreign account. Consequently, the accountant did not include, and petitioner did not report on his returns for any taxable year at issue, either the interest earned on the foreign account or the short-term capital gain realized in 1980.6 Petitioner reported the following amounts of gross income for the taxable years at issue:
Year Gross Income 1980 ...................... $ 77,539 1981 ...................... 70,185 1982 ...................... 60,665 1983 ...................... 57,343 1984 ...................... 104,827 1985 ...................... 55,367 1986 ...................... 66,994...
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