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the issues for decision are whether respondent abused his
discretion in determining that collection action could proceed
for 1997 and whether the Court should impose a penalty under
section 6673.
Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the year in issue.
Amounts are rounded to the nearest dollar.
Background
All of the facts have been stipulated. The stipulated facts
and the attached exhibits are incorporated herein by this
reference.
Petitioners resided in Havelock, North Carolina, at the time
they filed their petition.
Petitioners untimely filed a Form 1040, U.S. Individual
Income Tax Return, for 1997, reporting a tax liability of $8,826
and income tax withheld of $1,462. No payment accompanied the
return.
Respondent assessed petitioners’ 1997 income tax, together
with statutory penalties and interest, on the basis of
information contained in the filed return. Although petitioners
1(...continued)
stipulated that respondent incorrectly assessed petitioners’
income tax liability for 1999, and respondent has abated the
assessment for that year.
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