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Finally, petitioners are deemed to have stipulated that the
IRA distribution Mr. Stafford received in 1990 was an early
distribution to which a 10-percent penalty applies.4
Accordingly, there is no genuine issue of material fact as
to the deficiencies, and a decision may be rendered as a matter
of law. Respondent's motion for summary judgment as to this
issue with respect to both Mr. and Mrs. Stafford will be granted.
2. The Additions to Tax and Accuracy-Related Penalties
Section 6651(a)(1)
Section 6651(a)(1) imposes an addition to tax for failure to
timely file a required return, unless the failure is due to
reasonable cause. Mrs. Stafford is deemed to have stipulated
that her failure to file returns for 1991 and 1992 was not due to
reasonable cause and that the section 6651(a)(1) additions to tax
are due from her for these 2 years. Similarly, Mr. Stafford is
deemed to have stipulated that his failure to file Federal income
tax returns for 1989, 1990, 1991, 1992, and 1993 was not due to
reasonable cause and that the section 6651(a)(1) additions to tax
are due from him for all years at issue.
Accordingly, no genuine issue of material fact remains
regarding the section 6651(a)(1) additions to tax, and
respondent's motion for summary judgment thereon with respect to
both petitioners will be granted.
4 See sec. 72(t)(1).
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