- 13 - The Garritys filed a joint Federal income tax return for the taxable year 1983. On this return, they reported the following amounts of income and loss:5 Wages $46,158 Interest income 1,015 Subtotal 47,173 Arid Land loss (12,407) Total income 34,766 Mr. Trimboli prepared the Garritys’ return for taxable year 1983. Following the entry of the decision concerning the partnership, discussed above, respondent adjusted the Garritys’ return by disallowing their claimed share of the partnership loss, $12,407. In the statutory notice of deficiency which provides the basis for our jurisdiction in this case, respondent determined that the Garritys are liable for additions to tax under section 6653(a)(1) and (2) in the respective amounts of $184 and 50 percent of the interest due on a $3,672 deficiency. Prior to issuing the notice of deficiency, respondent did not make inquiries of the Garritys concerning the proposed adjustments, nor did respondent provide them with an opportunity for an administrative appeal. Discussion Section 6653(a)(1) imposes an addition to tax equal to 5 percent of the underpayment of tax if any part of the 5See supra note 3.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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