- 2 - on the doctrine of collateral estoppel, R has shown that there is an underpayment in P’s income tax for 1986 and part of the underpayment is due to fraud within the meaning of sec. 6653(b), I.R.C. P has failed to set forth specific facts in the pleadings, in his objection to R’s motion for summary judgment, or at the hearing, showing there is a genuine dispute as to the portion of the underpayment not attributable to fraud. See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). Accordingly, the entire underpayment is attributable to fraud as a matter of law. Held, further, P is liable for the addition to tax pursuant to sec. 6661, I.R.C. John R. Toney, pro se. Robert S. Scarbrough, for respondent. MEMORANDUM OPINION VASQUEZ, Judge: This case is before the Court on respondent’s motion for summary judgment. The issues for decision are: (1) Whether petitioner is liable for a deficiency of $14,6111 in his 1986 Federal income taxes; (2) whether petitioner is liable for additions to tax under section 6653(b)(1);2 and (3) whether petitioner is liable for the addition to tax under section 6661. 1 All amounts are rounded to the nearest dollar. 2 Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure, and all section references are to the Internal Revenue Code for the year in issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011