Jeffrey Thomas Kearney - Page 2




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               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 against            


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