Fortunato J. Mendes - Page 7

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          for his filing status, married filing separately.  In addition,             
          respondent treated the $9,022 distribution from the National Bank           
          of Washington as a premature distribution from a qualified                  
          retirement plan and imposed the 10-percent additional tax ($902)            
          applicable to such distributions under section 72(t).  Respondent           
          also imposed additions to tax under sections 6651(a), 6653(a)(1),           
          and 6654.                                                                   
                                       OPINION                                        
          I.  Amounts Included in Gross Income                                        
               A.  Identical Amounts Reported as Income by Petitioner                 
               On the 1988 return, petitioner included in income all of the           
          items that are contained in the notice’s adjustment for                     
          additional income.  During the trial, however, petitioner stated            
          that he was contesting all but one of the income items: the $138            
          of interest from Sovran Bank.                                               
               It has been held repeatedly that positions taken in a tax              
          return signed by a taxpayer may be treated as admissions.  See              
          Waring v. Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg.             
          T.C. Memo. 1968-126; Lare v. Commissioner, 62 T.C. 739, 750                 
          (1974), affd. without published opinion 521 F.2d 1399 (3d Cir.              
          1975); Kaltreider v. Commissioner, 28 T.C. 121, 125-126 (1957),             
          affd. 255 F.2d 833 (3d Cir. 1958).  As we recently stated in                
          Crigler v. Commissioner, T.C. Memo. 2003-93 (citing the foregoing           
          authorities):  “petitioner * * * cannot * * * disavow * * *                 






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