- 3 - notice of deficiency (notice)4 with respect to his taxable year 1999. In that notice, respondent determined that for 1999 petitioner had unreported wage income of $44,976, unreported capital gain income of $6,344 from the disposition of stock, unreported interest income of $66, and unreported dividend income of $31. Respondent also determined in the notice that peti- tioner’s filing status for 1999 was married filing separate. In addition, respondent determined in the notice that petitioner is liable for 1999 for the accuracy-related penalty under section 6662(a) because of (1) negligence or disregard of rules or regulations or (2) a substantial understatement of tax. Discussion The Court may grant summary judgment where there is no genuine issue of material fact and a decision may be rendered as a matter of law. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). We conclude that there are no genuine issues of material fact regarding the questions raised in respondent’s motion. Petitioner does not point to any credible evidence with respect to any factual issue relevant to ascertaining whether the determinations in the notice are erroneous. We conclude that petitioner has the burden of proving that those determinations 4The parties agree that the notice incorrectly indicated that petitioner was in bankruptcy on the date respondent issued that notice.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011