Harold A. Lange - Page 3

                                        - 3 -                                         
               Fifth, shall we impose a penalty under section 6673 against            
          petitioner?  Because we find petitioner’s arguments to be                   
          frivolous, we shall impose a penalty against petitioner.                    
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the accompanying exhibits are                  
          incorporated by this reference.  Petitioner resided in                      
          Clarksville, Tennessee, at the time he filed the petition.                  
               Petitioner was a retired electrical worker in 2002 and                 
          received retirement distributions.  Petitioner received $11,304             
          from the National Electrical Benefit Fund and $27,183 from the              
          Electrical Workers Trust Fund.  Each of the Forms 1099-R,                   
          Distributions From Pensions, Annuities, Retirement or Profit-               
          Sharing Plans, IRAs, Insurance Contracts, etc. (Forms 1099-R),              
          from the National Electrical Benefit Fund and the Electrical                
          Workers Trust Fund indicated the full amount of the distribution            
          was taxable.  The Forms 1099-R also indicated that no Federal               
          income tax had been withheld from any of the distributions to               
          petitioner in 2002.                                                         
               Petitioner also received $14,388 in Social Security benefits           
          in 2002.                                                                    
               Petitioner was married during 2002 to Janice E. Lange.  His            
          wife timely filed a Federal income tax return for 2002 as                   
          “married, filing separate” status.  She claimed the standard                
          deduction rather than electing to itemize deductions.  Claiming             
          the standard deduction reduced her tax liability to zero.                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011