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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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