- 2 - Additions to Tax Sec. Sec. Year Deficiency 6651(f) 6654 1992 $17,383 $8,312 $408 1993 20,790 15,593 809 1994 25,676 19,257 1,199 1995 20,070 20,302 1,468 The issues remaining for decision are: (1) Should respondent's determination that petitioner's filing status is married, filing separately be sustained? We hold that it should. (2) Is petitioner liable for the addition to tax under section 6651(f)1 for fraudulent failure to file a return for each of the years at issue? We hold that he is. FINDINGS OF FACT Some of the facts have been stipulated and are so found. Petitioner's mailing address was in Florida at the time the petition was filed. During the years at issue, petitioner, who dealt primarily in cash, worked as an employee of Biddle Painting and Drywall, Inc. (Biddle). On or about June 30, 1993, petitioner submitted to Biddle a false Form W-8 (Certificate of Foreign Status) in which he claimed not to be a U.S. citizen and to be exempt from backup withholding rules. As an employee, Biddle paid petitioner compensation for his services during 1992, 1993, 1994, and 1995 1 All section references are to the Internal Revenue Code (Code) in effect for the years at issue. All Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011