Frank and Lou-Ann Guarna - Page 3

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               Respondent determined a deficiency of $918 and an addition             
          to tax of $100 pursuant to section 6651(a)(1) in petitioners’               
          Federal income tax for the taxable year 1997.  Respondent also              
          determined a deficiency in petitioners’ Federal income tax for              
          1998 of $586.                                                               
               Some of the facts in this case have been stipulated and are            
          so found.  The stipulation of facts and the attached exhibits are           
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioners lived in Sierra Madre, California.                   
          References to petitioner in the singular are to Frank Guarna.               
               In the notice of deficiency, respondent determined that                
          petitioners:  (1) Failed to report interest income of $45 for the           
          1997 tax year; (2) are liable for self-employment tax of $318 for           
          the 1997 tax year; (3) are liable for an addition to tax of $100            
          pursuant to section 6651(a)(1) for failure to file their 1997 tax           
          return by the prescribed due date; (4) failed to report capital             
          gain income of $953 for the 1998 tax year; (5) failed to report             
          dividend income of $43 for the 1998 tax year; and (6) failed to             
          report a taxable State tax refund of $563 for the 1998 tax year.            
               In the stipulation of facts, petitioners conceded that the             
          State income tax refund of $563 is includable in income for the             
          1998 tax year.  Respondent conceded in the stipulation of facts             
          that petitioners are entitled to a $2,000 deduction in the 1998             
          tax year for a contribution to an individual retirement account.            





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