- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011