Charlotte's Office Boutique, Inc - Page 1

                                 T.C. Memo. 2004-43                                   


                               UNITED STATES TAX COURT                                


                  CHARLOTTE’S OFFICE BOUTIQUE, INC., Petitioner v.                    
                    COMMISSIONER OF INTERNAL REVENUE, Respondent*                     


               Docket No. 5077-01.              Filed February 25, 2004.              


                    In Charlotte’s Office Boutique, Inc. v.                           
               Commissioner, 121 T.C. 89 (2003), an employment tax                    
               case brought under sec. 7436(a), I.R.C., we held that P                
               is liable for unreported 1995 through 1998 employment                  
               taxes and certain additions thereto under secs.                        
               6651(a)(1) and 6656, I.R.C.  P now asserts that this                   
               Court lacked jurisdiction to redetermine the referenced                
               additions to tax.  P argues primarily that section                     
               7436(a), I.R.C., by its terms allows the Court to                      
               redetermine only “the proper amount of employment tax”                 
               and not any additions thereto.  P argues alternatively                 
               that sec. 6651(a)(1), I.R.C., by its terms does not                    
               allow the Court to redetermine an addition to tax under                
               that section in the case of a failure to file the                      
               returns at issue; namely, Forms 941, Employer’s                        

               *This Supplemental Memorandum Opinion supplements our prior            
          Opinion in Charlotte’s Office Boutique, Inc. v. Commissioner, 121           
          T.C. 89 (2003).                                                             




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