Charles M. Worthley - Page 4

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               3.  Whether petitioner, pursuant to section 6653(a), is                 
          liable for an addition to tax for negligence relating to his 1979            
          tax year.  We hold that he is liable.                                        
                                   FINDINGS OF FACT                                    
               Petitioner resided in Gerona, Spain, at the time his                    
          petition was filed.  During the years in issue, he was employed              
          by Measurex Corp. (Measurex), a California corporation, and by               
          Saab-Totem, Inc. (Saab-Totem), a Washington corporation.                     
               In 1980, petitioner received a $5,845 vacation allowance                
          from Measurex and realized a $328,455.37 long-term capital gain              
          attributable to the sale of 12,500 shares of Measurex stock.                 
          During that year, he also submitted to Measurex and Saab-Totem               
          Forms W-4E.  On these forms petitioner stated, under penalties of            
          perjury, that he incurred no income tax liability for 1979 and               
          that he anticipated no income tax liability for 1980.                        
               Petitioner submitted to respondent two tax forms relating to            
          1979 and three tax forms relating to 1980.  On April 18, 1980,               
          and April 17, 1981, respondent received Forms 1040 relating,                 
          respectively, to petitioner's 1979 and 1980 tax years.                       
          Petitioner, on these forms, provided objections, based on the                
          Fifth Amendment privilege against self-incrimination, to the tax             
          return filing requirement.  After receiving these forms, the                 
          Internal Revenue Service (IRS) began investigating petitioner's              
          1979 and 1980 tax liability.  On August 13, 1981, petitioner                 
          wrote a letter to Don Waite, an employee of Measurex, suggesting             



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