- 2 - Respondent determined a deficiency of $4,472 in petitioners’ 1997 Federal income tax. After concessions by the parties,2 the issues are: (1) whether this Court has jurisdiction to consider the propriety of a levy upon an individual retirement account (IRA) of petitioner William J. Phillips, Jr. (petitioner- husband); (2) whether the proceeds of the levy are included in calculating petitioners’ modified adjusted gross income (MAGI) for purposes of determining eligibility for the earned income credit (EIC); (3) whether respondent should have allocated 10 percent of the proceeds of the levy to petitioners’ 1997 tax liability; and (4) whether petitioners are entitled to a deduction for payment of a portion of petitioner-husband’s section 6672 liability. Petitioners resided in Wilkes-Barre, Pennsylvania, at the time the petition was filed. This case was submitted fully stipulated pursuant to Rule 122. The applicable facts may be summarized as follows. In 1988, respondent assessed a penalty under section 6672(a) for failure to collect and pay over employment taxes against 2 Respondent concedes that petitioners are not liable for the sec. 72(t) 10-percent additional tax in the amount of $1,045. See Larotonda v. Commissioner, 89 T.C. 287 (1987). Except as discussed infra, petitioners concede that the proceeds of the levy on petitioner-husband’s IRA are includable in petitioners’ gross income. Additionally, in the petition, petitioners raised the issue whether the notice of deficiency was valid. Petitioners did not address this argument at the hearing or in their trial memorandum, and it is deemed to have been conceded. See Levin v. Commissioner, 87 T.C. 698, 722-723 (1986), affd. 832 F.2d 403 (7th Cir. 1987).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011