- 2 - the income tax deficiency and penalty determined in the notice of deficiency because this case contains no genuine issue as to any material fact and that judgment should be rendered as a matter of law. Background Respondent determined a deficiency in petitioner's Federal income tax for taxable year 1991 in the amount of $29,027. Respondent further determined that petitioner is liable for the accuracy-related penalty under section 6662(a) in the amount of $5,805. A notice of deficiency was issued on March 17, 1995. On September 27, 1996, petitioner filed a motion for continuance (petitioner's motion), requesting that this case be continued due to a surgical operation performed on her knee. According to her motion, petitioner's physical condition following said surgical operation prevented her from traveling to Tampa, Florida, for the trial in this case. On September 30, 1996, before the Court had ruled on petitioner's motion, this case was called for trial at Tampa, Florida. Neither petitioner nor anyone acting on her behalf made an appearance. Counsel for respondent, however, appeared and was heard. Despite petitioner's absence at the calender call, the Court considered and granted her motion for continuance. On November 13, 1996, respondent filed her above-referenced motion for summary judgment (respondent's motion). On November 15, 1996, the Court ordered (the Court's order) petitioner toPage: Previous 1 2 3 4 5 6 7 8 Next
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