Creston Swaim - Page 2

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          under section 6651(a) in the amount of $674 and under section               
          6654(a) in the amount of $91.                                               
               The issues for decision are:  (1) Whether certain payments             
          received by petitioner during 1992 are includable in his gross              
          income; (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 exhibits received into evidence            
          are incorporated herein by reference.  Petitioner resided in                
          Altamonte Springs, Florida, at the time he filed his petition.              
                                  FINDINGS OF FACT                                    
               For the 1990 and 1991 tax years, petitioner filed Forms 1040           
          which he signed without altering the jurat.  For the 1992 tax               
          year, however, petitioner filed a Form 1040NR (U.S. Nonresident             
          Alien Income Tax Return) dated June 15, 1993, which was received            
          by respondent on June 22, 1993.  On this return petitioner                  
          reported that he was a citizen of the country of "Florida,                  
          America".  Petitioner claimed "other single nonresident alien"              
          filing status.  After reported estimated tax payments, Federal              
          income tax withheld, and excess Social Security tax withheld,               
          petitioner claimed a tax refund of $9,707.  The only income                 
          petitioner reported was $7,537 of unemployment compensation.                
          Petitioner altered the jurat on the 1040NR form by adding the               




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