Kenneth W. Guthrie - Page 3

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          6651(a)(1) for 2000 and 2001, (3) whether petitioner is liable              
          for the addition to tax pursuant to section 6654(a) for 2001, and           
          (4) whether to impose a penalty pursuant to section 6673.                   
                                  FINDINGS OF FACT                                    
               None of the facts have been stipulated with the exception              
          that at trial petitioner stipulated at the time he filed his                
          petition he resided in Lakewood Village, Texas.3                            
          I.   1998 and 1999                                                          
               Petitioner and his wife, Laurie G. Guthrie, filed joint                
          Federal income tax returns for 1998 and 1999.  On their 1998                
          return, petitioner and his wife reported, among other things,               
          wages of $132,330, taxable interest of $655, ordinary dividends             
          of $220, a loss from rental real estate of $8,398, adjusted gross           
          income of $124,807, taxable income of $95,153, tax of $21,144,              
          total tax of $20,938, Federal income tax withheld of $15,410, and           
          an amount owed of $5,528.  Attached to their 1998 return were               
          Forms W-2, Wage and Tax Statement, for petitioner and his wife              
          from Electronic Data Systems (EDS) listing wages of $84,203.68              
          and $48,125.93 for petitioner and his wife, respectively.                   
          Petitioner and his wife signed their 1998 return on April 14,               
          1999.  On the 1998 return, petitioners stated it was “self-                 

               3  The Court admonished petitioner that certain facts and              
          documents should not be in issue, such as whether he filed                  
          returns and where he lived when he filed the petition.                      
          Petitioner, however, asserted a Fifth Amendment claim as the                
          basis of his refusal to stipulate facts.                                    




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