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Revenue Code in effect for the years in issue, and all Rule
references are to the Tax Court Rules of Practice and Procedure.
Respondent determined deficiencies in petitioner’s Federal
income taxes and additions to tax as follows:
Addition to Tax
Year Deficiency Sec. 6651(a)(1)
11995 $1,380 $532
1998 12,968 3,242
1 The Court permitted respondent to amend his answer to assert
a claim for an increased deficiency for 1995 in the amount of
$7,651 and an increase in addition to tax in the amount of
$1,725.75. Thus, the deficiency in dispute for 1995 is $9,031 and
the addition to tax in dispute for that year is $2,257.75. The
increase in deficiency and addition to tax is based on
respondent’s claim that the notice of deficiency for 1995
incorrectly assumed that $7,651 was assessed. Respondent asserts
that the assessment had been erroneously abated prior to issuance
of the notice of deficiency.
The issues for decision are: (1) Whether petitioner is
entitled to all or any part of a claimed casualty loss deduction,
and (2) whether the petitioner is liable for the additions to tax
for late filing pursuant to section 6651(a)(1), as determined by
respondent. Additional adjustments in the notice of deficiency
are computational in nature and will flow from our resolution of
the casualty loss issue.
Background
Some of the facts are stipulated, and they are so found.
The stipulation of facts and the attached exhibits are
incorporated herein by this reference. At the time of filing her
petition, petitioner resided in Tinton Falls, New Jersey.
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