John David Zielonka - Page 2

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          Rules 180, 181, and 183.1  The Court agrees with and adopts the             
          Opinion of the Special Trial Judge, which is set forth below.               
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               ARMEN, Special Trial Judge:  Respondent determined                     
          deficiencies in petitioner's Federal income taxes for the taxable           
          years 1989 and 1992, as well as additions to tax and penalties              
          for negligence, as follows:                                                 
                         Addition to Tax      Penalty                                 
               Year    Deficiency   Sec. 6651(a)(1)    Sec. 6662(a)                   
               1989    $5,422           $1,263          $1,084                        
               1992    39,312           9,268           7,862                         

               The issues for decision are:  (1) Whether petitioner is                
          entitled to gambling losses in the amounts of $29,978 and                   
          $140,830 for 1989 and 1992, respectively; (2) whether petitioner            
          is liable pursuant to section 6651(a)(1) for additions to tax for           
          failure to timely file his income tax returns for 1989 and 1992;            
          and (3) whether petitioner is liable pursuant to section 6662(a)            
          for accuracy-related penalties for negligence for 1989 and 1992.            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and they are so                
          found.  Petitioner resided in Miami Beach, Florida, at the time             
          that his petition was filed with the Court.                                 

          1 Unless otherwise indicated, all section references are to                 
          the Internal Revenue Code in effect for the taxable years in                
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     




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