- 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).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011