- 2 -
and adopts the opinion of the Special Trial Judge, which is set
forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
DINAN, Special Trial Judge: This matter is before the Court
on respondent’s Motion for Summary Judgment, filed pursuant to
Rule 121(a). Petitioner filed an objection to the motion.
Background
On April 7, 1998, respondent sent a notice of deficiency to
petitioner determining a deficiency in his Federal income tax for
1994 of $23,543, and additions to tax pursuant to section
6651(a)(1) and section 6654(a) of $3,498.50 and $671.13,
respectively. Respondent determined that petitioner failed to
timely file his Federal income tax return for 1994, failed to pay
estimated taxes, and failed to report the following amounts
includable in his income:
Capital gains $60,628
Wages 37,323
Respondent also determined that petitioner was entitled to a
standard deduction of $3,175 and an exemption of $1,862.
Petitioner timely filed his petition with the Court on July
6, 1998, in which he alleged, in pertinent part:
4. The determination of the tax set forth in said
notice of deficiency is based upon the following
errors:
A. The Commissioner has erroneously
alleged that the petitioner received thirty-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011