Albert Lemishow - Page 2

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                                SUPPLEMENTAL OPINION                                  

               TANNENWALD, Judge:  This case is again before us because of            
          differing computations for entry of decision under Rule 1551                
          submitted to implement our earlier opinion, Lemishow v.                     
          Commissioner, 110 T.C. 110 (1998).  In that opinion, we held that           
          none of the $480,414 withdrawn from petitioner's Individual                 
          Retirement Accounts and Keogh plans during 1993 constituted                 
          qualified rollovers and thus the total amount of the withdrawals            
          was includable in income.  We also held that the accuracy-related           
          penalty (the penalty) under section 6662 did not apply to the               
          underpayment of tax attributable to $377,895 of the unreported              
          income which petitioner reinvested in an unsuccessful rollover              
          attempt, but that the penalty did apply to that portion of the              
          underpayment attributable to the $102,519 which petitioner did              
          not reinvest.                                                               
               The penalty is "an amount equal to 20 percent of the portion           
          of the underpayment * * * which is attributable to", in the                 
          instant case, negligence.  Sec. 6662(a) and (b).  In determining            
          the amount of the penalty, respondent first calculated the total            
          underpayment.  Respondent then calculated the underpayment based            




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




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