- 2 - issues for which petitioner bears the burden of proof, this case should be dismissed for failure to properly prosecute; (2) whether petitioner should be held in default as to the issues on which respondent bears the burden of production and/or proof; namely, petitioner’s liability for increased deficiencies and for additions to tax; and (3) whether a penalty should be awarded under section 6673. By separate notices of deficiency issued December 7, 1998, respondent determined deficiencies in Federal income taxes and additions to tax as follows: Additions to Tax Year Deficiency Sec.6651(a)(1) Sec.6651(a)(2) Sec.6654(a) 1994 $3,334 $745.20 $678.96 $170.49 1995 5,060 1,128.37 727.17 273.52 1996 4,652 1,025.32 387.34 244.81 Background The relevant facts may be summarized as follows. Petitioner resided in Gordonsville, Virginia, at the time the petition was filed.2 The petition was filed on March 11, 1999, and Richmond, Virginia, was designated as the place of trial. In the answer 2 It is unclear whether petitioner resided in Gordonsville, Va., or Fort Washington, Md. In the petition petitioner shows Gordonsville, Va., as his address; however, in his amended petition petitioner suggests that his residence was Fort Washington, Md. It does not appear that his residence affects any item. For purposes of appeal, both Maryland and Virginia are within the venue of the Court of Appeals for the Fourth Circuit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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