- 2 - MEMORANDUM FINDINGS OF FACT AND OPINION WHERRY, Judge: This case arises from a petition for judicial review filed in response to a Notice of Determination Concerning Collection Action Under Section 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. This case involves petitioner’s 1998 and 1999 income tax liabilities. With respect to 1998, petitioner initially filed a Federal income tax return reporting a balance due and not accompanied by full payment. On July 19, 1999, respondent assessed the reported tax, as well as statutory additions and interest. Notices of balance due for 1998 were also promptly sent to petitioner. Petitioner subsequently submitted an amended return, received by respondent on September 21, 2000, reflecting no income or tax liability and requesting a refund of withholdings. By letter dated December 26, 2001, the Internal 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