- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011