Joseph E. Simanonok - Page 5




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          also have served as a platform for petitioner to invoke the Fifth           
          Amendment.5                                                                 
          C.  Examination, Notice of Deficiency, and Petition                         
               Respondent commenced an examination of petitioner’s 1996               
          taxable year no later than January 1998, when respondent prepared           
          a substitute for return for petitioner.  See sec. 6020(b).                  
          Ultimately, by notice dated March 28, 2001, respondent determined           
          a deficiency in, and additions to, petitioner’s income tax for              
          1996.                                                                       
               The deficiency in income tax is based on respondent’s                  
          determination that petitioner’s gross income includes: (1)                  
          Military retirement pay of $22,801.56 received from DFAS; (2) a             
          portion ($821) of petitioner’s Social Security benefits                     
          determined pursuant to the formula prescribed by section 86; and            
          (3) interest income of $10 received from Capital One.                       
               The addition to tax under section 6651(a)(1) is based on               
          respondent’s determination that petitioner’s failure to file an             
          income tax return was not due to reasonable cause.  The addition            
          to tax under section 6654(a) is based on respondent’s                       
          determination that petitioner failed to pay estimated tax.                  
               Petitioner invoked this Court’s jurisdiction by filing a               

               5 At trial, petitioner testified that “it was signed under             
          protest, and it says, this form is not complete.”  Petitioner               
          also testified that “I was preserving my rights by submitting               
          under protest because I didn’t want to waive my rights to the               
          Fifth Amendment and kiss them off.”                                         





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