- 2 - be entered is not reviewable by any other court, and this opinion should not be cited as authority. Respondent determined a deficiency in petitioner’s Federal income tax for the taxable year 1998 of $25,394, as well as an addition to tax under section 6651(a)(1) of $5,117, an addition to tax under section 6651(a)(2) of $5,686, and an addition to tax under section 6654 of $1,147. After concessions by the parties,2 the issues for decision are: (1) Whether the statute of limitations bars the assessment of the deficiency; if the statute of limitations is not a bar, (2) whether petitioner is liable for the addition to tax for failure to timely file under section 6651(a)(1).3 Background Some of the facts have been stipulated, and they are so found. We incorporate by reference the parties’ stipulation of facts and accompanying exhibits. 2 Respondent concedes the additions to tax under secs. 6651(a)(2) and 6654. Petitioner concedes certain adjustments in the notice of deficiency; specifically, that he received the following items of income: (1) Wages of $24,906; (2) interest income of $1,367; and (3) dividends of $5,744. The parties agree that petitioner received a taxable distribution from his individual retirement account in the amount of $23,968, rather than $54,290, as determined in the notice of deficiency. 3 In the notice of deficiency, respondent determined that petitioner failed to report capital gains of $1,641. Petitioner did not raise this issue in his pleadings, nor did he address it at trial. Accordingly, this issue is deemed conceded by petitioner. Rules 34(b)(4), 142(a).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011