- 2 - Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Petitioner resided in Saint Peters, Missouri, at the time the petition was filed. Petitioner has not filed a Federal income tax return for 1995. In the notice of deficiency, respondent determined that petitioner had income consisting of wages reported on Forms W-2 in the amount of $16,851, a capital gain from the sale of stock of $1,402, and taxable distributions from petitioner's qualified retirement plan of $45,322 for 1995. After allowance of the standard deduction for 1995 and one exemption, petitioner's 1995 tax liability was determined based on the rates applicable to a single person, thereby resulting in a base income tax liability for 1995 of $12,992. Respondent also determined that taxable distributions to petitioner from his qualified retirement plan are subject under section 72(t) to a penalty of 10 percent as a result of premature distributions and that petitioner was liable for the section 6651(a)(1) addition to tax for failure to file a tax return. In his petition and amended petition, petitioner did not assign error to any single adjustment made by respondent in the notice of deficiency or allege facts to support any assignment of error. Rather, petitioner alleged in his petition that the "IRS does not have legal jurisdiction over me to assess a tax againstPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011