- 2 - MEMORANDUM OPINION WHERRY, Judge: This case was filed in response to a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330.1 The issue for decision is whether respondent may proceed with collection as so determined. Background This case was submitted fully stipulated pursuant to Rule 122. The stipulations of the parties, with accompanying exhibits, are incorporated herein by this reference. Petitioner requested and obtained extensions of time until October 15, 1986, to file his 1985 Form 1040, U.S. Individual Income Tax Return. On that date, petitioner filed his 1985 return reporting total tax of $187,911; total payments, through withholding, of $66,747; and an amount owed of $127,151.2 No payment was submitted with the return. At the time, petitioner was involved in a pending bankruptcy, which he had filed in May or June of 1986. 1 Unless otherwise indicated, section references are to the Internal Revenue Code of 1986, as amended, and Rule references are to the Tax Court Rules of Practice and Procedure. 2 The parties have stipulated that the amount owed should have been $121,164, calculated by crediting $66,747 against the reported liability of $187,911. The difference resulted from petitioner’s inclusion in the amount owed shown on his return of a $5,987 “penalty” computed by petitioner on the Form 2210, Underpayment of Estimated Tax by Individuals, accompanying his 1985 return.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