Randon J. Scholet - Page 2

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               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.                                      




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