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withheld $9,058 in Federal income tax. That year, petitioner
also sold stock in Intel Corporation for $10,416.85 in gross
proceeds. His basis in the stock sold was $6,577.62, resulting
in a net short-term capital gain of $3,839.23. Petitioner also
received $36.88 in ordinary dividends from UBS Painewebber, Inc.
Petitioner had single filing status for the 1998 taxable
year and married filing separate status for the 2000-2003 taxable
years. Sometime in 2001 or 2002, petitioner and his wife moved
from New Mexico to Oregon and then back to New Mexico.
Respondent issued the aforementioned notices of deficiency.
Petitioner then filed a timely petition with this Court. A trial
was held on November 28, 2006, in Albuquerque, New Mexico.
OPINION
I. Parties’ Contentions
Petitioner asserts that the burden of proving that he had
unreported income tax is on respondent and that respondent has
failed to meet that burden in this case. According to
petitioner, he is entitled to dependency exemptions for his wife
for the 2000, 2002, and 2003 taxable years, education credits or
a deduction for tuition and fees for the 2001 and 2002 taxable
years, and a moving expense deduction for the 2001 and 2002
taxable years. Petitioner also asserts that respondent has not
met the burden of production regarding the additions to tax under
sections 6651(a)(1) and 6654(a).
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