- 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 inPage: Previous 1 2 3 4 5 6 7 Next
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