- 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