- 2 -
Respondent determined a deficiency in petitioner’s 1997
Federal income tax of $13,008 and an addition to tax for failure
to file timely under section 6651(a)(1) of $562.72. After
concessions,1 the issues for decision are: (1) Whether
petitioner is entitled to an overpayment based on a claimed
credit for an estimated tax payment, and (2) whether petitioner
is liable for an addition to tax under section 6651(a)(1) for
failure to file a return timely.
Petitioner resided in Virginia Beach, Virginia, at the time
he filed the petition. We combine our findings of fact and
conclusions for convenience.
Petitioner’s 1997 Federal income tax return2 reflects Kelly
K. White (Mrs. White) as petitioner’s spouse, her Social Security
number, and petitioner’s filing status as married filing a joint
return. The return also reflects both petitioner’s and Mrs.
White’s total wage income of $94,787, total tax liability of
$16,561, total Federal income tax withheld of $14,686, an
estimated tax payment of $6,000, and a refund of $4,125. The
1 The parties agree that there is no deficiency in tax.
They further agree that, if petitioner is not entitled to the
claimed credit for an estimated tax payment and amount applied
from the 1996 return (estimated tax payment) of $6,000, then
after taking into account withholding credits and a payment in
the amount of $945, the net amount of tax due is $930. Secs.
6211(b)(1), 6651(b)(1).
2 See our discussion infra with respect to the addition to
tax under sec. 6651(a)(1) where we conclude that the 1997 return
was executed and timely filed by petitioner.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011