Michael Zarky - Page 2

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               Michael Zarky, pro se.                                                 
               John D. Faucher, for respondent.                                       




               LARO, Judge:  Petitioner petitioned the Court to redetermine           
          respondent’s determinations as to petitioner’s 1999 taxable year.           
          Respondent determined that petitioner is liable for a $63,066               
          deficiency and additions thereto of $14,129.10, $9,105.42, and              
          $3,014.25 under sections 6651(a)(1) and (2) and 6654(a),                    
          respectively.1  Petitioner asserted in his petition that he is              
          entitled to a $270 overpayment.                                             
               Following respondent’s concession that petitioner overpaid             
          his 1999 Federal income tax by $270, we are left to decide                  
          whether petitioner is entitled to that overpayment.  We hold he             
          is.                                                                         
                                  FINDINGS OF FACT                                    
               The parties have filed with the Court certain stipulations             
          of fact and an exhibit related thereto.  We incorporate herein              
          the stipulated facts and exhibit and find the stipulated facts              
          accordingly.  Petitioner resided in Moorpark, California, when              
          his petition was filed.                                                     



               1 Unless otherwise indicated, section references are to the            
          applicable versions of the Internal Revenue Code.                           




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