Crevenne C. and Barbara A. Carrillo - Page 2

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                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               WHERRY, Judge:  This case arises from a petition for                   
          judicial review filed in response to Notices of Determination               
          Concerning Collection Action(s) Under Section 6320 and/or 6330.1            
          The issues for decision are:  (1) Whether respondent may proceed            
          with collection action as so determined, and (2) whether the                
          Court, sua sponte, should impose a penalty under section 6673.              
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulations of the parties, with accompanying exhibits, are            
          incorporated herein by this reference.                                      
               Petitioners on or about April 15, 1998, filed a joint Form             
          1040, U.S. Individual Income Tax Return, for the 1997 taxable               
          year.  They reported adjusted gross income of $57,383.79, total             
          tax of $5,126, withholding of $5,457.23, and a refund amount of             
          $331.23.  They similarly on or about April 15, 1999, filed a                
          joint return for 1998 reporting substantial adjusted gross                  
          income, total tax of $5,899, withholding of $8,161.58, and a                
          refund amount of $2,262.58.  The Internal Revenue Service (IRS)             
          assessed the reported tax for 1997 and 1998 on June 1, 1998, and            
          May 31, 1999, respectively.                                                 



               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.                       




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