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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).
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