- 2 - 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.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