- 2 - deficiency at issue in this case are invalid and/or that the notices of deficiency were rescinded before the filing of the petition.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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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