- 2 - The issues for decision are: (1) Whether a State income tax refund of $1,738 received by petitioner during 1991 constitutes taxable income for that year; (2) whether petitioner is entitled to deduct home mortgage interest expenses in excess of an amount allowed by respondent; and (3) whether petitioner is liable for the penalty under section 6673(a)(1). The remaining adjustment in the notice of deficiency to petitioner's miscellaneous deductions is computational and will be resolved by the Court's holdings on the aforementioned issues. The parties submitted this case fully stipulated. The stipulation of facts and the annexed exhibits are so found and are incorporated herein by reference. At the time the petition was filed, petitioner's legal residence was Springfield, Virginia. Petitioner claimed a deduction on his 1990 Federal income tax return for State and local income tax paid in 1990 in the amount of $2,621.55. During 1991, petitioner received a check from the State of Virginia in the amount of $1,738, reflecting a State income tax refund. Petitioner failed to report this refund on his 1991 Federal income tax return. Further, on his 1991 return petitioner claimed an itemized deduction for home mortgage interest in the amount of $16,896. In the notice of deficiency, respondent determined that the State income tax refund received by petitioner during 1991Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011