Andrea Pappas - Page 8

                                        - 7 -                                         
          addition to tax under section 6651(a)(1) if such addition is                
          determined by the amount of tax shown on the taxpayer’s return.             
          See secs. 6665(b), 6201(a)(1); Meyer v. Commissioner, 97 T.C.               
          555, 559 (1991).  The summary assessments described above are               
          assessments that are not subject to the deficiency procedures and           
          are not within the jurisdiction of this Court.  Meyer v.                    
          Commissioner, supra at 560.                                                 
               The amount shown as tax by petitioner on her first amended             
          return does not constitute a deficiency within the meaning of               
          section 6211(a).  Wilson v. Commissioner, 118 T.C. 537 (2002);              
          301.6211-1(a), Proced. & Admin. Regs.  Further, an addition to              
          tax under section 6651(a)(1) is not subject to the deficiency               
          procedures if such addition is determined by the amount of tax              
          shown on the taxpayer’s return.  Meyer v. Commissioner, supra at            
          562.                                                                        
               The addition to tax of $6,570.68 that respondent determined            
          under section 6651(a)(1) was computed by reference to the tax               
          shown by petitioner on her delinquently filed amended return;               
          thus, pursuant to section 6665(b), the addition to tax is not               
          attributable to a deficiency as defined in section 6211.  See               
          Estate of Forgey v. Commissioner, 115 T.C. 142, 146-148 (2000);             
          Meyer v. Commissioner, supra at 559-563.                                    
               Since we have determined above that the amount of tax shown            
          on the amended return is not a deficiency and the section                   






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011