- 8 - correctness of respondent’s deficiency determinations. See Daniels v. Commissioner, T.C. Memo. 1981-58. Respondent is entitled to summary adjudication with respect to the deficiencies in question, and we shall enter decision for respondent that there are deficiencies in tax of $82,807, $68,812, and $59,210, for 1996, 1997, and 1998, respectively. Penalties Respondent argues for summary adjudication in his favor with respect to the penalties on the same grounds as with respect to the deficiencies; viz, that, because he prevailed with respect to petitioner’s affirmative defense with respect to 1996, no additional assignments of error remain with respect to the penalties. Respondent points out that, in Nis Family Trust v. Commissioner, supra at 541 n.6, we left undecided whether, pursuant to Rule 34(b), a taxpayer failing to assign error to the Commissioner’s determinations of penalties under section 6662 would be deemed to have conceded those penalties. That is true. In Nis Family Trust, we had no need to decide that issue since the Commissioner supported his motion for partial summary judgment with respect to the section 6662 penalties with deemed admissions made pursuant to Rule 90(c) that supported the imposition of those penalties. Id. at 542-543. Here we have no such deemed admissions or, except possibly with respect to 1996Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011