Albert James Lawless - Page 3

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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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