Mary Anne O'Loughlin - Page 3

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               Respondent determined a deficiency in petitioner’s Federal             
          income tax and additions to tax as follows:                                 
                                             Additions to Tax                         
               Year Deficiency Sec. 6651(a)(1) Sec. 6651(a)(2) Sec. 6654(a)           
               1996  $9,445   $1,187.55           $1,319.50      $259                 
               After concessions,2 the issues are (1) whether petitioner is           
          liable for the addition to tax under section 6651(a)(1) for                 
          failure to file a Federal income tax return, (2) whether                    
          petitioner is liable for the addition to tax under section                  
          6654(a) for an underpayment of estimated tax, and (3) whether               
          this Court has jurisdiction to determine petitioner’s alleged               
          overpayment of taxes in 1993, 1994, and 1995.  Petitioner resided           
          in New York, New York, at the time the petition was filed.                  
                                     Background                                       
               The facts may be summarized as follows.  In 1995, petitioner           
          was in a car accident and, as a result, suffered physical                   
          injuries.  She, however, continued to work and to perform other             
          responsibilities.  Petitioner filed a return for the 1993 taxable           


               2   Respondent concedes the addition to tax under sec.                 
          6651(a)(2) for failure to pay Federal income tax.  Petitioner               
          concedes the $9,445 deficiency.  The Court notes that the amount            
          of the deficiency is determined without regard to any payment of            
          estimated tax or credit for tax withheld.  Sec. 6211(b)(1).  The            
          tax due by petitioner, after a reduction of $4,167 for tax                  
          payments in 1996 ($3,500 of estimated tax payments and                      
          withholding taxes of $667), is $5,278.  In the notice of                    
          deficiency, the additions to tax under secs. 6651(a)(1) and                 
          6654(a) were correctly computed to reflect the $4,167 payment of            
          tax.  See sec. 6651(b)(1).                                                  





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