Carl C. Poston III and Sherea A. Poston - Page 2





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          section 7443A(b)(4) and Rules 180, 181, and 183.2  The Court                

          agrees with and adopts the opinion of the Special Trial Judge,              

          which is set forth below.                                                   

                         OPINION OF THE SPECIAL TRIAL JUDGE                           

               PANUTHOS, Chief Special Trial Judge:  This case is before              

          the Court on respondent's Motion for Partial Summary Judgment               

          filed pursuant to Rule 121.  As discussed in greater detail                 

          below, we will grant respondent's motion.                                   

          Background                                                                  

               Respondent determined deficiencies in and additions to                 

          petitioners' Federal income taxes for the years and in the                  

          amounts as follows:                                                         

                             Additions and Penalties                                  
          Sec.          Sec.           Sec.           Sec.     Sec.                   
          Year  Deficiency  6651(a)(1)  6653(b)(1)(A)  6653(b)(1)(B)    6653(b)(1)  6663
          1987    $9,921         ---       $7,441      50% of interest     ---       ---
          on underpayment                                                             
          due to fraud                                                                
          1988    36,492         ---         ---             ---         $27,369     ---
          1989    13,488      $3,364         ---             ---           ---     $10,116
          1990    28,619       7,083         ---             ---           ---      21,464
          1991    55,391      13,749         ---             ---           ---      41,543
          1992    40,029       7,951         ---             ---           ---      30,022
          1993    87,539         ---         ---             ---           ---      65,654
                                                                                     
                                                                                     
               Petitioners invoked the Court's jurisdiction by filing a               

          timely petition for redetermination.  At the time the petition              

          was filed, petitioners resided in Houston, Texas.                           



          2  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.                                  






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