Kenneth E. Gilmore - Page 3

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               Respondent determined a deficiency and additions to tax in             
          petitioner’s Federal income tax as follows:                                 
                                             Additions to Tax1                        
               Year   Deficiency   Sec. 6651(a)(1)  Sec. 6651(a)(2)  Sec. 6654(a)     
               1996    $6,918 $1,557         $1,384           $368                    
               1 The following figures are rounded to the nearest dollar.             
               After concessions,1 the issues for decision are: (1) Whether           
          petitioner may deduct, as alimony under section 215, military               
          retirement pension payments made to his former wife; (2) if the             
          payments are not deductible under section 215, whether petitioner           
          may nevertheless exclude from his income any portion of his                 
          military retirement pension paid to his former wife; (3) whether            
          petitioner is liable for the addition to tax under section                  
          6651(a)(1) for failure to file a Federal income tax return; and             
          (4) whether petitioner is liable for the addition to tax under              
          section 6654(a) for an underpayment of estimated tax.                       
                                     Background                                       
               Some of the facts are stipulated, and they are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time of filing his           
          petition, petitioner resided in Palmer Lake, Colorado.                      


               1   Petitioner concedes that he received $39,900 of military           
          retirement pension income and $18 of interest income and that he            
          is not entitled to deductions claimed on Schedule E, Supplemental           
          Income and Loss, and Schedule K-1, Partner’s Share of Income,               
          Credits, Deductions, etc.  Respondent concedes the addition to              
          tax under sec. 6651(a)(2) for failure to pay Federal income tax.            




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