- 2 - 1. Held: R’s denial of deductions is sustained. 2. Held, further, R’s denial of a dependency exemption for M and of head of household filing status is sustained. 3. Held, further, R’s penalty against P is sustained, in part, under sec. 6662, I.R.C. Vanessa K. Bernardo, pro se. Michele A. Yates, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION HALPERN, Judge: By notice of deficiency dated October 7, 2002, respondent determined a deficiency in petitioner’s 1999 Federal income tax of $4,616 and an accuracy- related penalty of $923. By the petition, petitioner (1) assigned error to respondent’s determinations of a deficiency and a penalty and (2) claimed an overpayment in tax of $3,498. After concessions,1 the issues for decision are (1) whether petitioner is entitled to a 1 The parties stipulated that, during the audit of her 1999 return, petitioner conceded the disallowance of a $9,172 deduction for business use of her home that had been claimed on that return. Petitioner reaffirmed that concession at the beginning of the trial when, in response to the Court’s inquiry as to whether petitioner agreed with respondent’s counsel’s description of the remaining issues in the case (which included counsel’s statement that the $9,172 home office deduction “has been conceded by petitioner”), she replied: “Yes I do, your Honor.” Therefore, we treat that deduction disallowance as conceded and reject petitioner’s attempt, on brief, to resurrect the issue on the alleged ground that her concession was contingent on an overall settlement of the case prior to trial.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011