- 3 - C. Respondent’s Determination Respondent determined that petitioner received taxable income of $920 in nonemployee compensation and $214,756 in retirement distributions in 1998, and that petitioner was liable for income tax of $70,778 for that year. Respondent also determined that petitioner was liable for self-employment tax of $130 for nonemployee compensation, the 10-percent additional tax of $21,476 under section 72(t)(1) on distributions from retirement accounts, for a total deficiency of $92,384 ($70,778 + $130 + $21,476), and an addition to tax of $3,941.12 under section 6654 for failure to pay estimated tax. D. The Petition In his petition, petitioner disputes that he has a deficiency or is liable for any addition to tax for 1998. The following is the only fact petitioner alleged in the petition: That the amount of the alleged taxable income, penalties and interest thereon are erroneous. Petitioner asserts that the IRS [sic] distribution is not a taxable event. E. Petitioner’s Pretrial Memo and Our April 2, 2001, Order Our standing pretrial order served on petitioner on October 27, 2000, requires the parties to exchange documents to be used at trial at least 15 days before trial. Materials not provided in compliance with our standing pretrial order may be excluded from evidence. Rule 131(b); Moretti v. Commissioner, 77 F.3d 637, 644 (2d Cir. 1996).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011