Terry Alan Simmons - Page 5

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          In response, the Court issued an Order, dated March 30, 1995, in            
          which we characterized petitioner's arguments as frivolous and              
          admonished petitioner that if he continued to advance such                  
          frivolous legal arguments, we would consider imposing a penalty             
          under section 6673.  At the trial of this case, on June 10, 1996,           
          petitioner continued the same tax protester arguments he had been           
          warned to abandon.                                                          
               In the notice of deficiency, respondent determined that                
          petitioner was liable for tax on all the wage income he received            
          from the City and on 50 percent of the wage income Mrs. Simmons             
          received from the hospital.  Respondent also determined additions           
          to tax under section 6651(f) for the years in issue. In                     
          respondent's posttrial brief, respondent conceded that petitioner's         
          and Mrs. Simmons' wages were community income, and thus petitioner          
          was liable for tax on only 50 percent of the income he received             
          from the City, and 50 percent of the income Mrs. Simmons received           
          from the hospital.                                                          
                                       OPINION                                        
          Issue 1.  Unreported Income                                                 
               The uncontroverted evidence in this case establishes that              
          petitioner and Mrs. Simmons had unreported wage income during each          
          of the years under consideration as follows:                                
                         Petitioner               Mrs. Simmons                        
               1990      $28,515                  $ 9,330                             
               1991      28,481                   13,081                              




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