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Respondent determined that Mr. Feinsmith was liable under section
6653(b)(1) for $5,812 and $17,476 in additions to his 1983 and
1984 taxes, respectively. Respondent also determined that Mr.
Feinsmith was liable for time-sensitive additions to those taxes
under section 6653(b)(2). Respondent determined no deficiency as
to Betty Feinsmith in her individual capacity.
Following the Court’s dismissal of Betty Feinsmith in her
individual capacity for lack of jurisdiction, and our amendment
to the caption to reflect the same, we must determine whether the
estate is liable for the additions to tax. We hold it is not.
Section references are to the Internal Revenue Code applicable to
the relevant years. Rule references are to the Tax Court Rules
of Practice and Procedure. Some dollar amounts have been
rounded.
FINDINGS OF FACT
Some facts have been stipulated. We incorporate herein by
this reference the parties’ stipulation of facts and the exhibits
submitted therewith. We find the stipulated facts accordingly.
Mr. Feinsmith, whose education lasted through high school and
possibly 1 year of college, died on June 6, 1995, at the age of
68. His widow, Betty Feinsmith, is the executrix of the estate.
She resided in Deal, New Jersey, when the petition was filed.
Mr. Feinsmith and Betty Feinsmith filed joint 1983 and 1984
Federal income tax returns. They filed their 1983 return on or
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