Donald A. Ramirez - Page 2

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          review of respondent’s determination sustaining a Federal tax                
          lien.  After concessions,2 the issues for decision are:  (1)                 
          Whether petitioner is liable for additions to tax under section              
          6651(a)(1) and (a)(2) for 1998; and (2) whether respondent abused            
          his discretion in sustaining the Federal tax lien.                           
                                   FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.                
          The stipulation of facts and the attached exhibits are                       
          incorporated herein by this reference.  At the time the petition             
          was filed, petitioner resided in San Bruno, California.                      
          Petitioner is a practicing attorney.                                         
               Petitioner had his gall bladder removed in 1996 and was off             
          work for 4 months.  After his recovery, petitioner was able to               
          continue his legal practice, pay business expenses, manage two               
          rental properties, and take care of two minor children.                      
               On April 8, 2001, petitioner filed a Form 1040, U.S.                    
          Individual Income Tax Return, for 1998, showing a tax due of                 
          $8,122.  Petitioner made no payments at the time of filing.                  

               1(...continued)                                                         
          Internal Revenue Code in effect for the years in issue.                      
               2  The parties disagreed over petitioner’s Schedule A,                  
          Itemized Deductions, for 1996, but respondent now concedes that              
          petitioner is entitled to the deduction.  The parties have also              
          stipulated that, subsequent to his filing with this Court,                   
          petitioner fully paid his 1996 and 1997 tax liabilities,                     
          including additions to tax pertaining to those years.  Upon                  
          payment, the Federal tax liens for 1996 and 1997 were released.              
          Only 1998 remains at issue.                                                  





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