- 2 -
Revenue Code in effect for the year in issue, and all Rule
references are to the Tax Court Rules of Practice and Procedure.
Respondent determined a deficiency in petitioner’s Federal
income tax of $12,161 and an accuracy-related penalty under
section 6662(a) of $784 for 1996.1 After concessions by
petitioner,2 the issues for decision are: (1) Whether petitioner
failed to report income of $39,444; (2) whether petitioner is
entitled to the claimed dependency exemption deduction; and (3)
whether petitioner is liable for an accuracy-related penalty
under section 6662.
Petitioner resided in Hyattsville, Maryland, at the time he
filed the petition. Some of the facts have been stipulated and
are so found. For convenience we combine our findings of fact
and conclusions.
1 Petitioner timely filed his 1996 tax return on or about
Apr. 15, 1997. The notice of deficiency at issue was mailed on
Aug. 15, 2001. We note that the general 3-year period of
limitations for the 1996 tax year expired on Apr. 15, 2000, but
petitioner has not pleaded that the period of limitations has
expired. Sec. 6501(a). As we conclude below, petitioner has
omitted from gross income an amount properly includable therein
which is in excess of 25 percent of the amount stated in the
return. Thus, if the statute of limitations were in issue, we
would conclude that the 6-year period of limitations under sec.
6501(e)(1)(A) is applicable.
2 Petitioner concedes that he is not entitled to the
claimed head-of-household filing status but is entitled to single
filing status, and that he is not entitled to the claimed earned
income credit.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011