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Background
Petitioner was a resident of Las Vegas, Nevada, when he
filed his petition herein.
This case involves the 1991 tax year.2 Petitioner and his
spouse, Fanny Keene, filed a timely joint Federal income tax
return on which they reported wages of $32,047; taxable IRA
distributions of $21,996; taxable pensions and annuities of
$47,764; a business income loss of $48,483 on Schedule C from the
operation of Hizzoner’s Restaurant; and total tax of $9,327 with
Federal income tax withheld of $2,837, and tax owed of $6,845.
Respondent assessed the amount due as reported on the return. In
1992 and 1993 installment payments totaling $1,400 were made and
applied to the amount of tax assessed. On or about May 14, 1993,
petitioner filed for bankruptcy, and that proceeding was closed
on February 4, 1994. During the years 1995, 1996, and 1997,
overpaid credits totaling $552.97 were applied to the 1991 amount
assessed. Also in 1997, there was a subsequent payment by levy
of $523.17 and a miscellaneous payment of $494.22; both amounts
were applied to the 1991 income tax liability. Five payments of
$350 each were later made and applied to the 1991 tax liability.
2 See Keene v. Commissioner, T.C. Memo. 2002-277, in which
we granted the Commissioner’s motion for summary judgment
sustaining the determination to proceed with the collection of
the taxpayer’s Federal income tax liabilities for 1997 and 1998,
and imposed a penalty of $5,000 under sec. 6673(a)(1). That case
did not involve the sec. 7521(a)(1) audio recording issue
presented in the instant case.
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