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Additions To Tax and Penalty
Year Deficiency Sec. 6651(a)(1) Sec. 6654 Sec. 6663
Theron Livingston, Sr.
1989 $3,424 $856 $232 —
Theron and Michele Livingston
1990 $24,676 --- — $18,507
After concessions,1 the issues for decision are:
(1) Whether Theron Livingston, Sr. (petitioner husband), had
$14,690 of unreported income in taxable year 1989 as determined
by respondent’s income reconstruction using the net worth method;
(2) whether petitioners had $77,372 of unreported income in
taxable year 1990 as determined by respondent’s income
reconstruction using the net worth method; and (3) whether
respondent’s full concession as to the 1990 tax liability of
Michele Livingston (petitioner wife) pursuant to section 6015(c)
renders moot the question of petitioner wife’s entitlement to
relief pursuant to section 6015(b).2
1 Petitioner husband concedes that for taxable year 1989
additions to tax apply pursuant to secs. 6651(a)(1) and 6654 to
any underpayment for such year as determined by the Court. Also,
for taxable year 1990, petitioner husband concedes the imposition
of the fraud penalty pursuant to sec. 6663 on any underpayment as
determined by the Court.
2 Unless otherwise noted, all section references are to the
Internal Revenue Code in effect for the years in issue, and all
Rule references are to the Tax Court Rules of Practice and
Procedure.
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Last modified: May 25, 2011