- 3 - 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 didPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011