James M. Abraham - Page 2

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            All Rule references are to the Tax Court Rules of Practice and                               
            Procedure.                                                                                   
                  Respondent determined a deficiency in petitioner's 1994                                
            Federal income tax in the amount of $1,293 and an addition to tax                            
            for failure to file timely a Federal income tax return pursuant                              
            to section 6651(a)(1) in the amount of $323.25.                                              
                  We must decide the following issues:                                                   
                  (1)  Whether petitioner is liable for a deficiency in income                           
            tax for 1994 in the amount of $1,293.  We hold that he is.                                   
                  (2)  Whether petitioner is liable for an addition to tax in                            
            the amount of $323.25 under section 6651(a)(1) for failure to                                
            file timely an income tax return for 1994.  We hold that he is.                              
                  (3)  Whether petitioner is entitled to a jury trial in                                 
            deficiency proceedings in the U.S. Tax Court with respect to the                             
            above-mentioned issues concerning his income tax liability for                               
            1994.  We hold that he is not.                                                               
                  (4)  Whether petitioner is liable for a penalty under                                  
            section 6673(a).  We hold that he is liable for such a penalty                               
            and require him to pay to the United States a penalty of $500.                               
            Background                                                                                   
                  Some of the facts have been stipulated and are so found.                               
            The stipulation of facts and the attached exhibits are                                       
            incorporated herein by this reference.  Petitioner resided in                                
            Escondido, California, when his petition was filed.  Petitioner                              
            did not file a Federal income tax return for the year 1994.  On                              




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