Bruce P. Cadwell - Page 2

                                        - 2 -                                         
               By separate notices of deficiency, respondent determined               
          additions to petitioner's Federal income tax for fraud under                
          section 6653(b), as follows:2                                               
                         Additions to Tax                                            
                         Sec.       Sec.          Sec.           Sec.                 
          Year Deficiency 6653(b)(1) 6653(b)(2) 6653(b)(1)(A) 6653(b)(1)(B)           
          1983   $-0-      6,364       1   -- --                                      
          1984    -0-    5,848       1   -- --                                        
          1985    -0-    3,743 1   -- --                                              
          1986    -0-   -- -- $10,285      1                                          
          1987    -0-   --  --          3,773        1                                
          1988    -0-   --  --          2,248        --                               
               1 50 percent of the interest due on the portion of the                 
          underpayment attributable to fraud.                                         
               Petitioner timely filed his petition, and respondent                   
          thereafter filed her answer to the petition.  In her answer,                
          respondent alleged the facts on which she relied to support her             
          determinations of additions to tax for fraud.  Petitioner did not           
          file a reply to respondent's answer. On January 26, 1995,                   
          respondent filed a motion under Rule 37(c) for an order that the            
          undenied allegations in the answer be deemed to be admitted.  A             
          copy of that motion and the Court's Notice of Filing of Motion              
          for Order Under Rule 37 were served on petitioner's counsel by              
          the Court on January 27, 1995.  The Notice gave petitioner until            
          February 16, 1995, to file a reply in which case respondent's               
          motion would be denied.  Petitioner did not file a reply, and, on           

          2                                                                           
               Prior to the issuance of the notices of deficiency,                    
          petitioner agreed that he failed to report income for the tax               
          years 1983-88, but he disagreed with respondent's imposition of             
          the additions to tax for fraud under sec. 6653(b).                          




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