Kenneth W. Guthrie - Page 2

                                        - 2 -                                         
          Additions to Tax                                                            
          Year  Deficiency  Sec. 6651(a)(1)  Sec. 6651(a)(2)  Sec. 6654(a)            
          2000  $21,101.00     $2,870.33        $1,849.77       $762.35               
          2001   21,652.00      4,716.90         1,781.94        856.83               
          All section references are to the applicable Internal Revenue               
          Code (Code), and all Rule references are to the Tax Court Rules             
          of Practice and Procedure.                                                  
               After concessions,2 the issues for decision are:  (1)                  
          Whether wages, interest, and dividends received by petitioner and           
          his wife are taxable income in 2000 and 2001, (2) whether                   
          petitioner is liable for the addition to tax pursuant to section            


               1(...continued)                                                        
          4549, Income Tax Examination Changes, attached to the notices of            
          deficiency list sec. 6651(a)(1) additions to tax in the amounts             
          of $2,870.33 and $4,716.90 for 2000 and 2001, respectively, and             
          sec. 6651(a)(2) additions to tax in the amounts of $1,849.77 and            
          $1,781.94 for 2000 and 2001, respectively.  The last pages                  
          attached to the notices of deficiency, entitled “Explanation of             
          the Delinquency Penalty”, list a “failure to file penalty” in the           
          amounts of $2,870.33 and $4,716.90 for 2000 and 2001,                       
          respectively, and a “failure to pay penalty” in the amounts of              
          $1,849.77 and $1,781.94 for 2000 and 2001, respectively.                    
          Accordingly, we find that respondent determined additions to tax            
          pursuant to sec. 6651(a)(1) in the amounts of $2,870.33 and                 
          $4,716.90, and not $4,720.09 and $6,498.84, for 2000 and 2001,              
          respectively.                                                               
               2  Respondent conceded that (1) Texas community property               
          laws are applicable to petitioner, (2) petitioner’s income listed           
          in the notice of deficiency must be reduced in accordance with              
          Texas community property laws, (3) petitioner’s filing status is            
          married filing separately, (4) a stock sale of $4,741 in 2001 is            
          not income to petitioner, (5) petitioner incurred net losses on             
          his stock transactions for 2000 and 2001, (6) no additions to tax           
          pursuant to sec. 6651(a)(2) are due from petitioner for 2000 and            
          2001, and (7) no addition to tax pursuant to sec. 6654(a) is due            
          from petitioner for 2000.                                                   




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