- 2 - Additions to Tax, I.R.C. Sec. Sec. Sec. Year Deficiency 6653(b)(1) 6653(b)(2) 6654 1982 $ 4,551 $2,276 50% of interest $444 due on $4,551 1983 6,401 3,201 50% of interest 392 due on $6,401 1984 15,843 7,922 50% of interest 997 due on $15,843 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Petitioner did not appear for trial. Respondent filed motions for judgment by default and for a penalty under section 6673. Respondent's Motion for Judgment by Default Respondent's Motion for Judgment by Default relies on facts and evidence deemed stipulated pursuant to an Order of the Court made under Rule 91(f)(3) and, in addition, on facts pleaded in the answer. Respondent contends that those materials are sufficient to carry respondent's burden of proof because of petitioner's default, relying on Smith v. Commissioner, 91 T.C. 1049 (1988), affd. 926 F.2d 1470 (6th Cir. 1991). Respondent, however, also called two witnesses in further support of respondent's determination of fraud. The witnesses testified to income paid to petitioner during the years in issue and admissions made by petitioner about avoiding payment of incomePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011