Alex Malesa - Page 2

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                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               DEAN, Special Trial Judge:  For the 1990 taxable year,                 
          respondent determined a deficiency in petitioner's Federal income           
          tax in the amount of $8,777 (which included additional tax under            
          section 72(t) in the amount of $239) and additions to tax under             
          section 6651 in the amount of $1,724.75 and under section 6654 in           
          the amount of $440.14.                                                      
               The parties have resolved all issues resulting from                    
          adjustments in the notice of deficiency except for the following:           
          (1) Whether three payments received by petitioner in 1990 are               
          taxable to petitioner in the amounts determined by respondent;              
          (2) whether petitioner is liable for additional tax on early                
          retirement distributions under section 72(t); and (3) whether               
          petitioner is liable for additions to tax under sections 6651 and           
          6654.                                                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioner resided in               
          Omaha, Nebraska, at the time he filed his petition.                         
          Background                                                                  
               Petitioner did not timely file a 1990 Federal income tax               
          return.  Respondent issued a notice of deficiency to petitioner             
          on March 15, 1993.  Respondent had received information returns             
          from several payors indicating that payments had been made to               
          petitioner during 1990.  Respondent used these information                  




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