Henry Uscinski and Jacqueline Uscinski - Page 3

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          deeming certain facts stipulated and compelling answers to                  
          interrogatories.  On April 15, 2004, the Court granted Mr.                  
          Uscinski’s motions and gave petitioners additional time to show             
          cause why certain matters in the stipulation of facts should not            
          be deemed established and to respond to respondent’s motion to              
          compel answers to interrogatories.  Subsequently, Mr. Uscinski              
          responded to the interrogatories and addressed respondent’s                 
          proposed stipulated facts.  On June 3, 2004, the Court entered an           
          order deeming certain facts stipulated on the basis of Mr.                  
          Uscinski’s responses.  Petitioners did not respond to                       
          respondent’s first motion for summary judgment.                             
               Among other things, Mr. Uscinski’s responses to                        
          interrogatories and deemed stipulations of fact show the                    
          following.  On or around December 15, 2000, petitioners filed a             
          joint 1999 Form 1040, U.S. Individual Income Tax Return,                    
          reporting a $161,447 taxable pension distribution from a section            
          401(k) account held by Fidelity Investments.  Respondent sent               
          petitioners a notice of deficiency dated August 30, 2002, for               
          their 1999 tax year, determining a $16,340 tax deficiency and an            
          $817.01 addition to tax under section 6651(a)(1) for failure to             
          file.  The deficiency arose from respondent’s determination                 
          that the distribution was subject to a 10-percent early                     
          withdrawal tax.  In his response to respondent’s request for                
          interrogatories, Mr. Uscinski admitted that the distribution did            






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