Percy Rodgers, Jr. - Page 3




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               Respondent determined a deficiency of $10,408 in                       
          petitioner’s 1994 Federal income tax and additions to tax of                
          $983.75 under section 6651(a) and $165.68 under section 6654(a).            
          The issues for decision are:  (1) Whether petitioner is liable              
          for the deficiency determined by respondent; (2) whether                    
          petitioner filed a Federal income tax return for 1994 or had                
          reasonable cause not to file a return; and (3) whether petitioner           
          underpaid estimated tax for 1994.                                           
               There was no stipulation of facts in this case.  Petitioner            
          resided in Pennsauken, New Jersey, at the time his petition was             
          filed with the Court.                                                       
               Respondent’s counsel indicated that he was under the                   
          impression that petitioner was ready to concede his liability for           
          the deficiency in this case but that he was contesting the                  
          additions to tax.  Petitioner, however, appeared at trial and               
          challenged the deficiency and the additions to tax.  Petitioner             
          claims that he timely filed his 1994 tax return, but he presented           
          no documentary evidence and offered no other testimony disputing            
          respondent’s determination of his income tax liability for the              
          year in issue.                                                              
               Petitioner contends that it is not fair for respondent to              
          wait 5 years to let him know that his return was not received.              
          Section 6501(c), however, provides that there is no statute of              
          limitations restricting the assessment of tax for a year in which           






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