Jordon Jay Fingar - Page 2

                                        - 2 -                                         
                                                                                      
                                             Additions to Tax                         
          Year     Deficiency     Sec. 6651(a)(1)  Sec. 6653                          
               1979      $25,292        $3,823       $1,745                           
          1980       35,137             9,248         12,150                          
               1On brief, respondent argues that pursuant to sec. 6653(a),            
          petitioner is subject to a $1,150 addition to tax for 1980.                 
          However, in the notice of deficiency, respondent determined the             
          sec. 6653(a) addition to tax for 1980 to be $2,150.  We find the            
          $1,150 amount to be a typographical error.                                  
               All section references are to the Internal Revenue Code in             
          effect for the years in issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.  All dollar amounts are rounded to the nearest dollar,           
          unless otherwise indicated.                                                 
               For 1979 and 1980, petitioner made estimated tax payments of           
          $10,000 and $6,000, respectively.  Petitioner, however, did not             
          file his 1979 and 1980 Federal income tax returns until January             
          10, 1992.  Respondent issued the notice of deficiency for 1979              
          and 1980 on November 2, 1994.  Accordingly, the notice of                   
          deficiency is valid since it was issued within 3 years of the               
          date petitioner filed his returns for the taxable years in issue.           
          Sec. 6501(a).1                                                              





          1    It appears respondent improperly assessed petitioner for               
          1979 and 1980 on the basis of a substitute return filed under               
          sec. 6020(b) without issuing a notice of deficiency, in violation           
          of sec. 6213(a).  As a result of a question from the Court,                 
          respondent released the lien for 1979 but did not release the               
          lien for 1980, apparently because petitioner's 1980 purported               
          liability, as determined by respondent, was not satisfied.                  



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