- 2 - After concessions, the issues for decision are: 1. Whether the notice of deficiency was arbitrary. We hold that it was not. 2. Whether petitioner’s capital gain from the sale of stock in 1998 was $408,092.98. We hold that it was. 3. Whether petitioner may carry forward to 1998 a capital loss from 1997. We hold that he may not. 4. Whether petitioner may deduct charitable contributions of $2,141 for 1998. We hold that he may not. 5. Whether petitioner’s filing status is married filing separately for 1998. We hold that it is. 6. Whether petitioner is liable for additions to tax for failure to timely file his 1998 income tax return under section 6651(a)(1)1 and for failure to pay estimated tax under section 6654(a) for 1998. We hold that he is. FINDINGS OF FACT Some of the facts have been stipulated and are so found. A. Petitioner Petitioner lived in Clearwater, Florida, when he filed his petition. Petitioner was married throughout 1998. Petitioner has a bachelor’s degree in computer science and mathematics. In 1998, petitioner earned wages from IBM of $99,739. Petitioner 1 Section references are to the Internal Revenue Code in effect for the year in issue. Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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