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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).
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