- 2 - Respondent determined a deficiency in petitioner’s Federal income tax of $46,076, an addition to tax of $4,874.85 pursuant to section 6651(a)(1), an addition to tax of $3,791.55 pursuant to section 6651(a)(2), and an addition to tax of $910.21 pursuant to section 6654(a) for the taxable year 1999. The petition placed in dispute respondent’s determination as to filing status, allowance of standard deduction, and all additions to tax.1 After respondent’s concessions,2 the issues still in contention are: (1) Whether petitioner is entitled to claim an itemized deduction for medical expenses in excess of those conceded by respondent; and (2) whether petitioner is liable for the additions to tax under sections 6651(a)(1), (a)(2), and 6654(a). The amount of the additional 10-percent tax pursuant to section 72(t) is a computational matter and will be resolved by our decision on the medical expenses issue. 1Petitioner, in his petition, did not dispute respondent’s determination as to the inclusion of certain items in gross income. As a result, the amount of deficiency placed in controversy is less than $50,000. See Rule 170; Kallich v. Commissioner, 89 T.C. 676 (1987). 2Respondent concedes medical expenses in the amount of $18,904, leaving at issue expenses in the amount of $28,666 ($47,570-$18,904). Respondent also concedes that any medical expenses allowed as a deduction under sec. 213 shall be deemed paid for by a portion of petitioner’s withdrawal from his thrift savings plan and are therefore excepted from the additional tax under sec. 72(t). Respondent further concedes that petitioner’s filing status is married filing jointly.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011