William D. Colburn - Page 2

               This case is before us on respondent's motion for summary              
          judgment filed February 6, 1995, and petitioner's motion for                
          summary judgment filed March 3, 1995.  Respondent in her motion             
          asks us to determine that petitioner failed to include in his               
          reported income for 1989, the amount of $32,811 of interest paid            
          to him in connection with a refund of an overpayment of tax for             
          1966.  Petitioner asks us to determine that he properly reported            
          on his 1989 income tax return his interest income in connection             
          with the refund of his 1966 income tax.                                     
               Also pending is petitioner's motion to amend his petition,             
          which the parties agreed should be denied if respondent's motion            
          for summary judgment is granted and, therefore, should be acted             
          upon after action on respondent's motion for summary judgment.              
               The parties have stipulated all facts that either party                
          considers necessary for a disposition of the motions for summary            
          judgment.  All the stipulated facts are found accordingly.                  
               At the time of the filing of the petition in this case,                
          petitioner resided in San Diego, California.  Petitioner timely             
          filed his Federal income tax return for the taxable year 1989               
          with the Internal Revenue Service Center in Ogden, Utah.  On his            
          1989 return, petitioner reported $104,635 of interest income.               
               An assessment in the amount of $157,494.09 for income taxes            
          and $40,542.40 in restricted interest for the taxable year 1966             
          was made to petitioner's account on July 28, 1971.  On July 30,             







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