James Murden Wilcox - Page 2

                                        - 2 -                                         
          respondent’s determination to proceed with collection was an                
          abuse of discretion.                                                        
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time he filed the            
          petition, petitioner resided in Dallas, Texas.                              
               In 1976, petitioner was hit by a car while riding his                  
          bicycle and suffered numerous permanent and irreversible                    
          injuries.  Petitioner was diagnosed in 1998 with a broken back.             
               Petitioner was self-employed during 1995, 1996, 1997, and              
          1998, the years in issue.  Before and after the years in issue,             
          petitioner was employed full time at Fusch-Serold and Partners.             
          Since Fusch-Serold and Partners withheld a sufficient amount from           
          petitioner’s pay, petitioner did not owe any additional amounts             
          of tax for the years he was employed at Fusch-Serold and                    
          Partners.                                                                   
               Respondent assessed the following amounts, which are in                
          dispute:                                                                    
                                        Additions to Tax                              
          Year  Interest   Sec. 6651(a)(1)   Sec. 6651(a)(2)   Sec. 6654(a)           
          1995  $4,459.61     $1,630.13           $289.80        $384                 
          1996   6,874.01     2,173.95            676.34         428                  
          1997   5,406.61     0.00                104.74         470                  
          1998     825.40          0.00           91.96          66                   
               On June 11, 2003, respondent mailed to petitioner a Final              
          Notice of Intent To Levy for 1995, 1996, 1997, and 1998.  On July           





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011