- 4 - under section 6651(a)(1) for 1990, 1991, and 1992 for failure to file returns. We hold they are. (4) Whether petitioners are each liable for additions to tax under section 6654 for the failure to pay estimated tax for 1990, 1991, and 1992. We hold they are. (5) Whether a penalty for maintaining a frivolous position should be imposed against each petitioner under section 6673. We hold it should be with respect to petitioner but not as to Carolyn Webb. FINDINGS OF FACT A few of the facts have been stipulated and are so found. The stipulated facts and the accompanying exhibits are incorporated into our findings by this reference. At the time they filed their separate petitions in these cases, petitioners, husband and wife, resided in Vallejo, California. Petitioners did not file Federal income tax returns for 1990, 1991, and 1992, nor did they pay any taxes during those years, except for $20 in withholdings from Carolyn Webb's 1992 wage income as shown on Form W-2. To determine the income that petitioner received for the taxable years in issue, respondent prepared substitute income tax returns for those years. For 1990 and 1991, respondent used Information Returns Processing (IRP) transcripts. The IRP transcripts are based upon information submitted to the Internal Revenue Service (IRS) by payors who filed information returns with the IRS showing that they paid certain amounts to petitioner during 1990 and 1991 for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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