Paul K. Hanashiro - Page 2




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          deficiency at issue in this case are invalid and/or that the                 
          notices of deficiency were rescinded before the filing of the                
          petition.  As discussed in greater detail below, we will deny                
          petitioner's motion to dismiss.  However, we will dismiss for                
          lack of jurisdiction and strike the allegations in the petition              
          pertaining to the taxable year 1996.                                         
          Background                                                                   
          Paul K. Hanashiro (petitioner) failed to file timely Federal                 
          income tax returns for 1994, 1995, and 1996.  On March 17, 1998,             
          respondent mailed separate notices of deficiency to petitioner               
          determining deficiencies in and additions to his Federal income              
          taxes for 1994 and 1995 as follows:                                          
                Additions to Tax                                                       
               Year  Deficiency  Sec. 6651(a)(1)  Sec. 6654(a)                         
               1994   $78,101       $7,036.50       $1,172.53                          
          1995    54,085        1,945.00          142.88                               
               As of the date of mailing of the notices of deficiency,                 
          respondent had prepared a total of three examination reports                 
          regarding petitioner's tax liability for 1994 and 1995.  On                  
          December 16, 1997, respondent prepared separate examination                  
          reports for 1994 and 1995.2  The examination report for 1994                 
          lists a balance due of $46,229.24, comprising tax of $28,146                 
          (deficiency of $78,101 less prepayment credits of $49,955),                  


          2  The deficiencies determined for 1994 and 1995 are                         
          consistent with these examination reports.                                   




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