Peter T. Storaasli - Page 20

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          allowed by respondent as adjustments to basis.  Based on the                
          Court’s review of the evidence, however, we further conclude that           
          petitioner is entitled to an adjustment under section 1034(a)               
          with respect to the Rose Point Lane property.  Consequently, we             
          hold that petitioner realized and must recognize capital gain of            
          $21,213, $455,690, and $33,638 on the sale of the Market Street             
          property, Rose Point Lane property, and Hollywood Hill lot,                 
          respectively.                                                               
               II. Section 6651(a)(1) Addition to Tax                                 
               Respondent determined that petitioner is liable for an                 
          addition to tax under section 6651(a)(1) because he failed to               
          file returns for the taxable years 1996 and 1999.16  Petitioner             
          argues that he did not file returns for these years because the             
          IRS did not provide him with the statutory provisions he                    
          requested indicating the tax rate and type of tax he was required           
          to pay and that, without such information, he would be in danger            
          of filing a fraudulent return.  Petitioner further argues that              
          the IRS’s November 6, 2002, letter informing him that the tax               
          laws are constitutional was generic, did not pertain to him                 
          personally, and did not address the questions he had presented to           




               16Because respondent has now conceded that petitioner does             
          not owe any income tax deficiency or addition to tax for 1998, we           
          do not address respondent’s original 1998 determination.                    





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