Dale I. Dirkes - Page 4




                                        - 4 -                                         

                         D.  The petitioner’s failure to file                         
                    federal income tax returns in a timely manner                     
                    is due to and resultant from reasonable                           
                    cause.                                                            
               In his Motion for Summary Judgment, respondent, for the                
          purpose of this motion, concedes the capital gain adjustment of             
          the statutory notice of deficiency.  Thus, this adjustment is no            
          longer at issue.                                                            
               The notice of deficiency allowed petitioner a standard                 
          deduction of $3,175 based on “married filing separate” status.              
          Respondent concedes that petitioner should be allowed a standard            
          deduction of $3,800 based upon “single” filing status.  This                
          adjustment is not at issue.                                                 
               For the purpose of this motion, respondent concedes the                
          sections 6651(a)(1) and 6654(a) additions to tax.  Thus, these              
          adjustments are no longer at issue.                                         
               Before respondent filed the motion for summary judgment,               
          petitioner filed a reply to respondent’s answer to the petition             
          in which he avers:                                                          
                    2.  On or about September 29, 1998, Petitioner                    
               received his W2 forms for the first time from his                      
               previous employer, MCI Communications Corporation                      
               * * *.  Those W2's indicate that Petitioner’s total                    
               income for the calendar year 1994 was thirty-seven                     
               thousand, three hundred twenty-three dollars and eleven                
               cents, ($37,323.11).  This income includes all                         
               Incentive Stock Options, (ICO’s), exercised in calendar                
               year 1994.                                                             
               The notice of deficiency included in petitioner’s income               
          wages of $37,323 for 1994.  Pursuant to petitioner’s admission in           




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011