- 2 - 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).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011