- 2 - Respondent determined a deficiency in petitioner’s Federal income tax of $1,664, and an addition to tax under section 6651(a)(1) of $416, for the taxable year 1997. The dispute in this case centers around whether petitioner filed in April 1998 a Federal income tax return for taxable year 1997. If the Court finds that petitioner did file a return at that time, the parties agree that the period of limitations has expired and that respondent may not assess any tax with respect to taxable year 1997. If the Court finds that petitioner did not file a return at that time, the only issue remaining for decision, after concessions by both parties, is whether petitioner is liable for the addition to tax under section 6651(a)(1) for failure to file a timely return. Some of the facts have been stipulated and are so found. The stipulation of facts and the supplemental stipulation of facts, and the exhibits attached thereto, are incorporated herein by this reference. Petitioner resided in San Diego, California, on the date the petition was filed in this case. On April 15, 1998, petitioner mailed to respondent, via first class mail, a Federal income tax return for taxable year 1997. Petitioner mailed the return in an envelope on which she had handwritten the address and affixed first-class postage. Petitioner’s daughter, Natalie Genous, had driven to petitioner’s house to pick up petitioner; they then picked up Ms. Genous’sPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011