Daniel C. McManus - Page 9

                                        - 9 -                                         
          has met the burden of production, and petitioner is liable for an           
          addition to tax for failure to file under section 6651(a)(1) of             
          $9,949 and $5,447 for 2001 and 2002, respectively, and an                   
          addition to tax under section 6654 for failure to pay estimated             
          tax of $1,590 and $728 for 2001 and 2002, respectively.                     
          D.   Delegated Authority                                                    
               As a final argument, petitioner asserts that the person who            
          issued the notice of deficiency for the years at issue lacked               
          proper authority.  It is well settled the Secretary or his                  
          delegate may issue notices of deficiency.  Secs. 6212(a),                   
          7701(a)(11)(B) and (12)(A)(i); see Pendola v. Commissioner, 50              
          T.C. 509, 512-514 (1968).  For these reasons and petitioner’s               
          failure to provide authority to the contrary, the Court finds               
          petitioner’s argument is without merit.                                     
               The Court, in reaching its holding, has considered all                 
          arguments made and concludes that any arguments not mentioned               
          above are moot, irrelevant, or without merit.                               
               To reflect the foregoing,                                              

                                             Decisions will be entered                
                                        for respondent.                               











Page:  Previous  1  2  3  4  5  6  7  8  9  

Last modified: May 25, 2011