- 3 - Respondent also determined penalties and/or additions to the tax. On January 8, 2001, petitioners’ petition was timely filed with this Court. Respondent’s answer was filed on March 1, 2001. In his answer, respondent admitted error with respect to the determination of additional self-employment tax, as follows: Adjustment of Self-Employment Income to $83,514.00 in Lieu of $6,694.00: Admits respondent erred in determining petitioners received self-employment income in the amount of $83,514 in lieu of $6,694 reported on their return. Given this admission of error, respondent alleges as a matter of computation, petitioners’ self-employment tax should not be increased, nor should they be allowed an increased self-employment tax deduction, as determined in the notice of deficiency. [Emphasis supplied.] Petitioners contend that respondent should not be allowed to take away the $4,062 deduction allowed in connection with the determination of additional self-employment tax liability because the period for assessment and, hence, the period within which respondent may make changes or adjustments expired prior to the time respondent conceded the self-employment income adjustment. Discussion Petitioners’ argument is based on their interpretation of the language of the consents executed by the parties in connection with the extension of the assessment period. In particular, petitioners reference the portion of the consent form which provides that in the event respondent issues a Notice of Deficiency within the consent period, the period is furtherPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011