Don Laverne Clarke - Page 9




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          herein, a deficiency is the amount of income tax imposed by the             
          Internal Revenue Code that exceeds the amount shown as the tax by           
          the taxpayer on his return (if a return was filed).  Thus,                  
          payments made by a taxpayer, such as the $750 payment, do not               
          serve to reduce the "deficiency" within the meaning of section              
          6211(a).  Cf. sec. 6211(b)(1).  Parenthetically, we take note of            
          the fact that respondent has acknowledged petitioner's $750                 
          payment, and that such amount will serve to reduce pro tanto the            
          amount of petitioner's ultimate out-of-pocket liability.                    
               Finally, petitioner has raised other arguments that we have            
          considered in reaching our decision.  To the extent that we have            
          not discussed these arguments, we find them to be without merit.            
               To reflect our disposition of the disputed issue, as well as           
          petitioner's concessions,                                                   


                                        Decision will be entered                      
                                   for respondent.                                    

















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