- 2 - Accuracy-Related Additions to Tax Penalty Petitioner Deficiency Sec. 6651(a) Sec. 6654 Sec. 6652 R. Paul Kropp $36,135 $8,797.50 $1,848.30 –- Lorna B. Kropp 9,596 –- –- $1,919 Unless otherwise noted, 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. After concessions,1 we must decide: (1) Whether $81,000 withdrawn from a joint checking account (joint account) by one of the petitioners is considered taxable compensation for services rendered or a nontaxable gift, (2) whether petitioners are liable for self-employment tax on account of the $81,000 withdrawal, and (3) whether the additions to tax and accuracy-related penalty apply. FINDINGS OF FACT The stipulation of facts, the second stipulation of facts, and the attached exhibits are incorporated herein by reference. At the time R. Paul Kropp (hereinafter Paul) and Lorna B. Kropp 1 The parties stipulate that during 1994, R. Paul Kropp (hereinafter Paul) received the following income: Capital gains of $1,369, dividends of $1,646, interest of $214, and rent of $12,000. The parties also stipulate that during 1994, Lorna B. Kropp (hereinafter Lorna), Paul’s wife, earned wages of $12,549. Respondent argues that pursuant to applicable community property laws, Paul and Lorna must each report one-half of the couple’s combined income. Petitioners do not contest respondent’s position. We therefore find that petitioners concede this issue. See Petzoldt v. Commissioner, 92 T.C. 661, 683 (1989).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011