- 2 - deemed admitted by reason of petitioner's failure to respond to requests for admission served by respondent under Rule 90. Respondent determined deficiencies for 1984 and 1985 based on petitioner's failure to report gross income received from his participation in an investment scheme. The resulting deficiencies in income tax and additions to tax are as follows: Additions to Tax1 Year Deficiency Sec. 6653(b)(1) Sec. 6653(b)(2) 1984 $547,778 $273,889 50% of the interest due on $547,778 1985 2953,134 476,567 50% of the interest due on $953,134 1In the event that the fraud addition to tax is not sustained, respondent asserted in the alternative the negligence addition to tax pursuant to sec. 6653(a). 2The face of the notice of deficiency incorrectly lists the deficiency for 1985 as $975,113. The summary contained therein, however, correctly lists the deficiency as $953,134. Based on matters deemed admitted, respondent claims that there is no genuine issue of material fact as to either petitioner's liability for deficiencies in his 1984 and 1985 income tax or petitioner's liability for the fraud additions under section 6653(b)(1) and (2). The Court ordered petitioner to respond to respondent's motion on or before June 20, 1997. Petitioner failed to do so. Petitioner was incarcerated in the Federal Penitentiary in Bastrop, Texas, when he petitioned the Court. We hold for respondent on all issues.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011