Jose Angel Lujan - Page 2




                                       - 2 -                                          
                                                     Addition to Tax                 
             Year               Deficiency            Sec. 6654                       
             1993                $15,511                   $651                       
             1994                 62,745                  3,232                       
             All section references are to the Internal Revenue Code in               
        effect for the years in issue.                                                
             The primary issue we must resolve is whether petitioner, an              
        Argentinean citizen, is subject to U.S. tax on compensation he                
        received during 1993 and 1994.  Resolution of this issue requires us          
        to decide whether during 1993 and 1994 petitioner was a “resident             
        alien”, as that term is defined in section 7701(b)(1)(A), which in            
        turn requires us to determine whether petitioner meets the                    
        “substantial presence test” of section 7701(b)(3) for those years.            
        If petitioner is subject to U.S. tax on the compensation he received          
        during 1993 and 1994, we then must resolve whether petitioner is              
        liable for the section 6654 addition to tax (failure to pay                   
        estimated income tax) for 1993 and 1994.                                      
                                  FINDINGS OF FACT                                    
             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.                                                     
        Background                                                                    
             Petitioner’s mailing address was in Buenos Aires, Argentina, at          
        the time he filed his petition contesting respondent’s                        
        determination.                                                                







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