Seymour and Phyllis C. Bronson - Page 13




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               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.                                                          





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