David C. Sylvester - Page 2




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               Respondent determined a deficiency in petitioner's 1994                
          Federal income tax in the amount of $2,644 and additions to tax             
          pursuant to sections 6651 and 6654 in the amounts of $661 and               
          $136.26, respectively.                                                      
               After a concession by respondent,1 the issues for decision             
          are:  (1) Whether petitioner is exempt from Federal income                  
          taxation because of his status as a member of the Seneca Nation;            
          (2) whether $50 of income is includable in the 1994 tax year if             
          petitioner is not exempt from Federal income taxation; (3)                  
          whether petitioner is entitled to claim head-of-household filing            
          status for 1994; (4) whether petitioner is entitled to claim a              
          dependency exemption deduction under section 151 for the 1994 tax           
          year with respect to his son; and (5) whether petitioner is                 
          liable for an addition to tax pursuant to section 6654 for                  
          failure to pay estimated income tax for the 1994 tax year.                  
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time that the                
          petition was filed, petitioner resided in Sacramento, California.           
                                  FINDINGS OF FACT                                    
               Petitioner is a member of the Seneca Nation.  The Seneca               
          Nation is a member of the Iroquois Confederacy of the Six                   


          1    Respondent has conceded that petitioner is not liable for              
          the addition to tax under sec. 6651 for failure to file a Federal           
          income tax return for the 1994 tax year.                                    




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