Janet L. Wiest - Page 3





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          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.                                                       






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