- 2 - amount of $1,476 and an addition to tax pursuant to section 6651(a)(1) in the amount of $701.10.1 For petitioner’s 2001 taxable year, respondent determined a Federal income tax deficiency in the amount of $10,872 and additions to tax pursuant to section 6651(a)(1) in the amount of $3,370.32 and pursuant to section 6654(a) in the amount of $430.23. After concessions,2 the issues for decision are: (1) Whether petitioner is liable for a deficiency in the amount of $1,476 for taxable year 1998; (2) whether petitioner is liable for a deficiency in the amount of $9,282 for taxable year 2001; (3) whether petitioner is liable for additions to tax under sections 6651(a) and 6654(a); and 1 Unless otherwise indicated, all section references are to the Internal Revenue Code (Code) in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 Respondent conceded in his pretrial memorandum the sec. 6651(a)(2) addition to tax for both 1998 and 2001 and sought a correlative increase in the sec. 6651(a)(1) addition to tax for both years. The appropriate sec. 6651(a)(1) addition to tax for both years is to be calculated per Rule 155, as it appears that the sec. 6651(a)(1) additions to tax as shown on the notice of deficiency are in error as they exceed the 25-percent aggregate maximum as permitted by this section. At trial, respondent stated that the parties agreed that petitioner is liable for Federal income tax deficiencies in the amounts of $1,476 and $9,282, for the years 1998 and 2001, respectively. Petitioner at trial sought to discuss only his liability for additions to tax; however, his main argument on brief and in his pretrial memorandum was that he was not liable for an income tax. Given petitioner’s arguments, the Court considers both the deficiency and the additions to tax issues.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011