Lawrence Horowitz - Page 2

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               Respondent also determined additions to tax under section              
          6651(a)(2).  In each of the answers, respondent conceded the                
          additions to tax under section 6651(a)(2) and, accordingly,                 
          alleged increases in the additions to tax under section                     
          6651(a)(1).  The issue remaining for decision is whether a                  
          penalty should be awarded to the United States under section                
          6673.  Unless otherwise indicated, all section references are to            
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
                                     Background                                       
               All of the facts have been stipulated, and the stipulated              
          facts are incorporated in our findings by this reference.                   
          Petitioner resided in Calverton, New York, at the time that he              
          filed his petitions.  The petitions alleged no facts showing                
          errors in respondent’s determinations but set forth frivolous tax           
          protester arguments, including that “petitioner could find no               
          statute or regulation making petitioner liable for an income                
          tax”.  In his petitions, petitioner admitted that he failed to              
          file Federal income tax returns for 2001 and 2002.                          
               After these cases were set for trial, respondent sent to               
          petitioner requests for admissions for each year, setting forth             
          the items of income received by petitioner, petitioner’s failure            
          to file income tax returns for either year, and petitioner’s                






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