- 2 - MEMORANDUM FINDINGS OF FACT AND OPINION WHERRY, Judge: This case arises from a petition for judicial review filed in response to a Notice of Determination Concerning Collection Action Under Section 6330.1 The issues for decision are: (1) Whether respondent may proceed with collection action as so determined, and (2) whether the Court, sua sponte, should impose a penalty under section 6673. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulations of the parties, with accompanying exhibits, are incorporated herein by this reference. Petitioner filed Forms 1040, U.S. Individual Income Tax Return, for the 1999 and 2000 taxable years on or about April 17, 2000, and April 10, 2001, respectively. On each of these returns, petitioner reported $0 on substantially all pertinent lines, including $0 of total income and $0 of total tax. The 1999 return also incorporated petitioner’s request for a refund of $2,600, derived from 1999 estimated tax payments and the amount applied from his 1998 return. Petitioner attached to each return a statement contending, inter alia, that no law 1 Unless otherwise indicated, all section references are to the Internal Revenue Code of 1986, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011