Opinion
11958-17
09-12-2022
TODD KOHOUT & LISA M. KOHOUT, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Courtney D. Jones, Judge.
On April 18, 2022, the Court issued a Memorandum Opinion (T.C. Memo. 2022-37), which resolved the then-outstanding issues in this case in respondent's favor. In accordance with the Court's April 18, 2022 Order issued with the Opinion, the parties filed respective Computations for Entry of Decision pursuant to Rule 155.The Kohouts assert that the correct deficiency for their taxable year 2013 and the associated accuracy-related penalty under section 6662(a) are $80,287 and $16,057, respectively. Respondent asserts that the correct amounts are $355,589 and $71,117.80, respectively.
Other issues were settled before trial, as reflected in the two Stipulations of Settled Issues, or were otherwise conceded by petitioners, Todd and Lisa Kohout (the Kohouts), due to their failure to pursue them on post-trial brief.
Unless indicated otherwise, all statutory references are to the Internal Revenue Code, Title 26 U.S.C., in effect at all relevant times and all Rule references are to the Tax Court Rules of Practice and Procedure.
Based off the Computations for Entry of Decision, the Court cannot discern the veracity of either party's asserted amounts. Consequently, we will order seriatim memoranda with respondent to first address and further explain the bases for his computations. In particular, he shall disclose his view regarding the ultimate line items for the Kohouts' Form 1040 for taxable year 2013 with respect to:
o Wages, salaries, tips, etc. (line 7).
o Business income or (loss). (line 12).
o Capital gain or (loss). (line 13).
o Rental real estate, royalties, partnerships, S corporations, trusts, etc. (line 17). o Deductible part of self-employment tax. (line 27).
o Adjusted gross income. (line 37).
o Itemized deductions. (line 40).
o Exemptions. (line 42).
o Taxable income. (line 43).
o Tax. (line 44).
o Self-employment tax. (line 56).
o Taxes from Form 8960. (line 60).
o Amount you owe. (line 76).With respect to each line item, the Court expects a detailed explanation that is supported by citation(s) to the evidentiary record (including, but not limited to, the statutory notice of deficiency for taxable year 2013, Ex. 2-J, and the Kohouts' return for taxable year 2013, Ex. 4-J), the two Stipulations of Settled Issues, the parties' post-trial briefs, and/or the Opinion such that we may independently verify the amount represented. The Kohouts will submit a memorandum thereafter that directly responds, in the same manner, to respondent's represented amounts.
The parties shall not construe the requested memoranda as an invitation to relitigate matters adjudicated nor to raise new issues. Rule 155(c).
Upon due consideration, it is
ORDERED that, on or before October 3, 2022, respondent shall file a memorandum as described herein. It is further
ORDERED that, on or before October 17, 2022, the Kohouts shall file a memorandum as described herein.