- 2 - agrees with and adopts the opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE NAMEROFF, Special Trial Judge: This case is before the Court on respondent's motion for entry of decision filed May 1, 1995. In the notice of deficiency dated November 5, 1993, respondent determined that petitioner was liable for a deficiency in Federal income tax for the taxable year 1988 in the amount of $3,197, and an addition to tax under section 6651(a)(1) in the amount of $100. The deficiency is based upon the determination that petitioner had not filed a 1988 Federal income tax return, had wages of $22,790, and was entitled to one exemption and the standard deduction; the deficiency was computed on the basis of the filing status of married filing separate. When this case was called from the calendar of the Court's trial session at Los Angeles, California on January 30, 1995, counsel for respondent appeared and indicated the parties had reached a basis of settlement, resulting in a substantial overpayment for which additional time was requested for the computation thereof; subsequently, the amount of the overpayment became an issue. Thus, we must decide the correct amount of overpayment due to petitioner. In her motion for entry of decision, respondent asked the Court to find an overpayment of $11,343.35. Petitioner contends that the correct overpayment is $24,155.89.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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