- 3 - written a letter to a representative of the IRS advising that if he did not hear from the IRS within 20 days as to the authority requiring him to file a Federal income tax return, he would consider the matter closed. The IRS not having responded, petitioner asserts that he is not required to do anything more. Petitioner also included substantial tax protester rhetoric in the petition. Petitioner requested and was granted small tax case status pursuant to section 7463 and Rule 170-179. At the time of filing the petition herein, petitioner resided at Naples, Florida. On August 30, 1996, respondent lodged an answer with the Court asserting an increased deficiency and increased additions to tax. Respondent also filed a motion to remove the small tax case designation. In the answer respondent asserted that petitioner, as the sole proprietor of Staying Young Unlimited, received commission income from Matol Botanical International LTD (Matol) in the amount of $84,436.34. Thus, respondent claimed an increased deficiency for 1993 in the amount of $31,959 (including self-employment tax) and increased additions to tax under sections 6651(a) and 6654 in the amounts of $7,990 and $1,338, respectively. The basis for respondent's motion to remove the small tax case designation was that, upon the filing of respondent's answer, the case no longer qualified for small tax designation because the amount in dispute exceeded $10,000. After notice and hearing, the Court granted respondent's motionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011