- 2 - for negligence is found under section 6653(a)(1)(A), petitioner would also be liable under section 6653(a)(1)(B) for 50 percent of the interest payable on the portion of the underpayment attributable to negligence. The issues to be considered are: (1) Whether this Court has jurisdiction to decide whether petitioner's $31,000 remittance during 1980 may be applied to his 1982 tax obligation; and if we have such jurisdiction, (2) whether the $31,000 may be applied as a payment of tax for the 1982 taxable year.2 FINDINGS OF FACT3 Petitioner's legal residence at the time his petition was filed in this case was Thousand Oaks, California. Petitioner, by means of a check dated April 15, 1980, remitted $31,000 to respondent. The check bears the notation "1st Est 1980" on the lower left portion designated for a "Memo”. Other than the check, petitioner did not forward a declaration of estimated tax, a return, or correspondence, or submit any other instructions to respondent. The $31,000 payment was made by petitioner at a time 2 Petitioner conceded that he failed to timely file, that the amount of income determined by respondent is correct, and that the additions to tax are not in error. Accordingly, to the extent we decide there is a deficiency, the additions apply. Petitioner failed to file a responsive seriatim brief after respondent's opening brief was served and filed. Petitioner's brief was due Aug. 21, 1995, and has not been received as of the issuance of this opinion. 3 The facts and exhibits stipulated by the parties are incorporated by this reference.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011