- 20 - trial that he believed his fellowship award was excludable from income and that he was not required to file returns for those years. Petitioner claimed in his testimony that he based his belief on the advice of an unnamed IRS employee whom petitioner contacted shortly after he received a notice in his student mailbox at Drexel that there had been a change in the law regarding the taxability of scholarships and fellowships. Even assuming arguendo that petitioner did contact an IRS employee while he was attending Drexel, any advice he received at that time would not exculpate him from his failure to file a tax return for 1990 after his transfer to CUNY and subsequent request for a 1-year extension of his MARC fellowship had been granted. Accordingly, we sustain respondent's determination that petitioner is liable for the addition to tax under section 6651(a) for 1990. Respondent also determined an addition to tax against petitioner under section 6654(a) for failure to make timely 7(...continued) notices of deficiency, respondent determined that petitioner's filing status was "single". We will not, as a general rule, consider an issue raised for the first time at trial since it has not been properly pleaded. See Estate of Mandels v. Commissioner, 64 T.C. 61, 73 (1975). Additionally, we note that the documents attached to petitioner's posttrial brief were not introduced at trial and therefore are not part of the record in this case. Rule 143(b). Consequently, even if petitioner's filing status were an issue before us, we would nevertheless find that petitioner has not established that he is eligible to file as "head of household" during the years in issue.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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