Robert Eugene Poindexter - Page 2

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          6654(a) of $122.93.1   After a concession,2 the sole issue                  
          remaining before the Court is petitioner’s claim that the notice            
          of deficiency for the taxable year 2000 received from respondent            
          is invalid because of the inclusion of royalty income from Warner           
          Chappell Music, Inc. (Warner Chappell).  Petitioner asserts that            
          the Form 1099-MISC from Warner Chappell is invalid because he was           
          not paid the full royalties owed in the year at issue and for               
          prior years by Warner Chappell.  Petitioner makes this argument             
          despite having stipulated that he is required under section 61 to           
          include in his gross income, royalties of $16,113 paid to him by            
          Warner Chappell in 2000.  We hold that the notice of deficiency             
          issued to petitioner for the 2000 tax year is valid because                 
          petitioner has not offered a basis to find error in respondent’s            
          determinations nor any evidence of error.                                   
               The pertinent facts have been stipulated and are so found.             
          The stipulation of facts and the attached exhibits are                      

               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
               2By answer, respondent conceded the sec. 6651(a)(2) addition           
          to tax.  Respondent alleges that on account of this concession of           
          the addition to tax under sec. 6651(a)(2), the addition to tax              
          under sec. 6651(a)(1) should be increased in the amount of .05              
          percent per month for the first 5 months ($57.15) for a total               
          addition to tax under sec. 6651(a)(1) of $571.50.  See sec.                 

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