- 2 - other court, and this opinion should not be cited as authority. In so-called affected items notices of deficiency, respondent determined additions to tax to petitioners’ Federal income tax for the year and in the amounts as shown below: Additions to Tax Sec. Sec. Sec. Year 6653(a)(1) 6653(a)(2) 26661 1983 $272 1$5,435 $1,359 1 The notice of deficiency mistakenly equates the amount of the addition to tax with the amount of the deficiency in income tax (see infra “J”). Prior to trial, respondent filed an answer to claim an increased addition to tax pursuant to sec. 6214(a). The increase, in the amount of $7,834.69, is purely computational in nature. 2 The first page of the notice of deficiency mistakenly references sec. 6662(d), which section is the successor to sec. 6661 and is applicable for returns the due date for which (determined without regard to extensions) is after December 31, 1989. See Omnibus Budget Reconciliation Act of 1989, Pub. L. 101-239, sec. 7721(a), (c)(2), (d), 103 Stat. 2395-2400. After concessions by the parties,2 the issues for decision are as follows: (1) Whether petitioner Raymond Wiest (petitioner) is liable for additions to tax under section 6653(a)(1) and (2) for 1(...continued) the taxable year in issue. 2 Petitioners concede that the notice of deficiency is valid. Cf. Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81 T.C. 855 (1983). Respondent concedes, and petitioner Raymond A. Wiest does not dispute, that pursuant to sec. 6015, petitioner Janet L. Wiest is entitled to relief from joint and several liability for the additions to tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011