- 5 - which $4,328 had been paid by withholding) and an estimated tax penalty of $565. In or around 1994, petitioner and his former spouse filed a joint tax return for 1991 reporting total tax due of $22,828 (of which $522 had been paid by withholding) and an estimated tax penalty of $1,107. After examining petitioner’s 1990 return, respondent proposed to disallow a $50,000 deduction claimed on Schedule E, Supplemental Income and Loss, of petitioner’s 1990 return for legal and professional fees, because petitioner could not substantiate the deduction. On May 23, 1994, petitioner signed a Form 4549-CG, accepting respondent’s adjustment for 1990 and a resulting $15,348 deficiency, an addition to tax under section 6651(a)(1) of $3,836.75, and interest through June 15, 1994, of $5,523.28. Petitioner and his former spouse both signed the Form’s “Consent to Assessment and Collection”, which reads as follows: Consent to Assessment and Collection - I do not wish to exercise my appeal rights with the Internal Revenue Service or to contest in United States Tax Court the findings in this report. Therefore, I give my consent to the immediate assessment and collection of any increase in tax and penalties, and accept any decrease in tax and penalties shown above, plus any interest as provided by law. * * * This Form 4549-CG was signed on behalf of respondent by Revenue Agent Joe Urrutia. Horn Enterprises dissolved at the end of 1993. In 1994, Horn Construction filed a chapter 11 bankruptcy petition.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011