William Santangelo - Page 2

               This case is before the Court on respondent's Motion To                
          Dismiss For Failure To State A Claim Upon Which Relief Can Be               
          Granted And To Award Damages, filed pursuant to Rule 40 and                 
          section 6673(a).                                                            
               Petitioner resided in Custer, Washington, at the time the              
          petition was filed in this case.                                            
          Respondent's Notice of Deficiency                                           
               By notice dated March 3, 1995, respondent determined                   
          deficiencies in, and additions to, petitioner's Federal income              
          taxes for the taxable years 1992 and 1993 as follows:                       

          Addition to tax                                                             
                    Year  Deficiency  Sec. 6651(a)(1)                                 
                    1992   $7,369         $100                                        
                    1993    2,981          102                                        

               The deficiencies in income taxes are based on respondent's             
          determination that petitioner, an employee of the Boeing Company,           
          failed to report the following income on tax returns for the                
          years in issue:                                                             
              Taxable Year                                                            
               Income       Payor               1992           1993                   
               Wages        Boeing                $41,521        $18,276              
          Interest     IRS                       630           ---                    
          Interest     U.S. Bank                  36             15                   
               Interest     1st Interstate Bank      ---             240              
               Unemploy-    Washington Employ-                                        
          ment Comp.   ment Security Dept.    ---           7,371                     

          1(...continued)                                                             
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     





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