John R. Hernandez - Page 3




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          effect for the year in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure.                                  
               Respondent determined a deficiency in petitioner’s 1994                
          Federal income tax of $4,706 and an accuracy-related penalty                
          under section 6662(a) of $941.  The issues for decision are:                
          (1) Whether interest income realized upon the redemption of tax             
          certificates is attributable to petitioner, and (2) whether                 
          petitioner is liable for an accuracy-related penalty under                  
          section 6662(a).1                                                           
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioner resided in               
          Saint Leo, Florida, when the petition in this case was filed.               
               Petitioner has been in this Court before in a case involving           
          substantially the same facts as those presented here, Hernandez             
          v. Commissioner, T.C. Memo. 1998-46 (Hernandez I).  In Hernandez            
          I, we held that interest paid on the redemption of tax                      
          certificates sold by Pasco County, Florida, for delinquent taxes            
          owed on real property is not excluded from gross income under               
          section 103 because the tax certificates are not obligations of a           


          1    In the notice of deficiency, respondent determined that                
          petitioner was not entitled to the itemized deductions he claimed           
          on his 1994 Federal income tax return.  In lieu of the itemized             
          deductions, respondent allowed petitioner a standard deduction.             
          This adjustment is a computational adjustment that is dependent             
          upon our determination whether petitioner failed to report                  
          taxable interest income.                                                    




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