- 2 - agrees with and adopts the opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE PANUTHOS, Chief Special Trial Judge: This matter is before the Court on respondent's Motion for Judgment on the Pleadings, filed May 15, 1997. As explained in greater detail below, we will grant respondent's motion. Background Respondent issued a notice of deficiency to petitioners determining a deficiency in their Federal income tax for 1991 in the amount of $61,304 and an addition to tax for fraud under section 6663 in the amount of $45,978. Petitioners invoked the Court's jurisdiction by filing a timely (but imperfect) petition for redetermination, followed by a proper amended petition.2 Respondent filed an answer to the amended petition, including therein specific allegations regarding the method of income reconstruction that respondent relied upon in determining the deficiency in this case, as well as specific allegations in support of respondent's determination that petitioners' entire underpayment of tax for 1991 is attributable to fraud. Petitioners failed to file a reply to respondent's answer. Consequently, respondent filed a motion pursuant to Rule 37(c) 2 At the time the imperfect petition was filed, petitioner Dennis J. Deneault was incarcerated at Eglin Air Force Base, Florida, and petitioner Teresa Deneault resided in Florida.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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