Ryan David Funk - Page 3

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                                     Background                                       
               Respondent issued a notice of deficiency to petitioner                 
          determining a deficiency of $1,369 in his 2001 Federal income tax           
          and an addition to tax of $308.032 for failure to file a tax                
          return under section 6651(a)(1).3  Respondent determined that               
          petitioner failed to report wages, interest, and dividend income.           
               Petitioner filed with the Court a petition for                         
          redetermination contesting the above-referenced notice of                   
          deficiency.  In the 74-page petition, petitioner asserted that he           
          is a “non-taxpayer”, the Internal Revenue Service lacks                     
          “jurisdiction” over him, and the Internal Revenue Code does not             
          include a provision that makes him liable for Federal income                
          taxes.  The petition does not contain specific allegations                  
          challenging respondent’s determination that petitioner is liable            
          for the addition to tax under section 6651(a)(1).  Petitioner               


               2Respondent conceded that the $424.39 amount listed as due             
          under sec. 6651(a)(1) on the cover page of the notice of                    
          deficiency was overstated inasmuch as it erroneously included an            
          addition to tax of $116.37 under sec. 6651(a)(2).  Respondent               
          conceded that petitioner is not liable for an addition to tax               
          under sec. 6651(a)(2) for the taxable year 2001.                            
               3Sec. 6651(a)(1) provides for an addition to tax in the                
          event a taxpayer fails to file a timely return (determined with             
          regard to any extension of time for filing), unless it is shown             
          that such failure is due to reasonable cause and not due to                 
          willful neglect.  The amount of the addition is equal to 5                  
          percent of the amount required to be shown as tax on such return            
          for each month or fraction thereof during which such failure                
          continues, up to a maximum addition of 25 percent for returns               
          more than 4 months delinquent.                                              





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