-2- of approximately $20,728 for 1990 and $30,737.52 for 1991.1 Currently, the case is before the Court on respondent’s motion for summary judgment under Rule 121 and to impose a penalty under section 6673. Petitioner responded to respondent’s motion under Rule 121(b). We shall grant respondent’s motion for summary judgment and shall impose a $7,500 penalty against petitioner. In addition, we dismiss for lack of jurisdiction the part of the petition with respect to the frivolous return penalties and related interest. Unless otherwise noted, section references are to the applicable versions of the Internal Revenue Code. Rule references are to the Tax Court Rules of Practice and Procedure. Background On October 15, 1992, petitioner filed a 1990 U.S. nonresident alien income tax return in which he reported zero taxable income. Petitioner reported that he was not a U.S. citizen and had not visited the U.S. in 1990. Petitioner stated that his country of residence was “America.” On September 22, 1995, respondent issued to petitioner a notice of deficiency for 1990. The notice determined that petitioner was liable for an $11,224 deficiency in his 1990 income tax and a $2,806 addition to tax under section 6651(a)(1) 1 We use the term “approximately” because these amounts were computed before the present proceeding and have since increased on account of interest.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011