Michael J. Barkley - Page 5

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               Petitioner did not file a timely 1998 Federal income tax               
          return, and the record does not indicate that petitioner                    
          requested an extension of time to file.  Petitioner also did not            
          file timely income tax returns for years before and after 1998.             
          Petitioner filed his 1994 return on August 8, 1996, his 1995                
          return on February 13, 1998, his 1996 return on November 23,                
          1998, his 1997 return on February 4, 2001, and his 1999 return on           
          June 6, 2002.                                                               
               On January 14, 2002, respondent mailed to petitioner a                 
          notice of deficiency with respect to petitioner’s 1998 taxable              
          year.  In the notice of deficiency, respondent determined that              
          the full amount of the 1998 distribution was includable in his              
          income.  Respondent also determined that petitioner was liable              
          for an addition to tax under section 6651(a)(1) for failure to              
          file a timely 1998 income tax return.                                       
               On April 8, 2002, petitioner and Mrs. Barkley filed a joint            
          Form 1040, U.S. Individual Income Tax Return, for 1998.  On the             
          Form 1040, petitioner included the 1998 distribution in gross               
          income.  Petitioner also reported that he owed an additional 10-            
          percent tax of $14,749 for receiving an early distribution from             
          the plan.                                                                   











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