-4-
Additions to Tax
Sec. 6653 Sec. 6653
Year Deficiency Sec. 6653(b) (b)(1) (b)(2) Sec.6654 Sec. 6661
1981 $273,262 $139,382 - - $21,047 -
1982 1,013,989 - $508,509 1 98,720 $253,497
1 50 percent of the interest due on the entire deficiency.
Respondent and Monica have filed a Stipulation of Settled
Issues which conditionally disposed of all issues concerning
Monica’s liabilities in this case.3 This case was dismissed for
lack of prosecution as it relates to the issues on which Robert
has the burden of proof, except that respondent’s concessions and
our determinations which conflict with the notice of deficiency
are also to be given effect. After respondent’s concessions and
the events described above, the overarching issue for decision is
whether Robert is liable for civil fraud additions to tax under
section 6653(b) (for 1980 and 1981), and under sections
6653(b)(1) and 6653(b)(2) (for 1982) and, as to section
6653(b)(2), in what amount. Because of our determinations as to
fraud, we need not, and we do not, deal with respondent’s
alternative assertions as to additions to tax under sections
6651(a) and 6653(a).
3 The settlement is conditional in that respondent and
Monica agree that, if Robert’s deficiencies or additions to tax
for the years in issue are redetermined, either by settlement or
trial, to be less than Monica’s as set forth in the Stipulation
of Settled Issues, then Monica is entitled to the lesser amounts
of deficiencies or additions to tax. Although Monica and
respondent do not have an ongoing dispute in the instant case,
Monica technically remains a party petitioner. DeLucia v.
Commissioner, 87 T.C. 804 (1986).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011