- 2 -
items notice), respondent determined for the taxable year 1982 of
petitioner and Mr. Korchak additions to tax under sections1
6653(a)(1)(A),2 6653(a)(1)(B),2 and 6659 of $7,019.40, 50 percent
of the interest due on an assessed deficiency of $140,388, and
$34,322.10, respectively.3
The only issue remaining for decision is whether petitioner
is entitled to relief under section 6015(b) or, in the alterna-
tive, under section 6015(f) with respect to her taxable year
1982. We hold that petitioner is entitled to relief under
section 6015(b) with respect to that year.
1All section references are to the Internal Revenue Code in
effect for the year at issue.
2In Korchak v. Commissioner, T.C. Memo. 2005-244, see infra
note 3, respondent conceded that the affected items notice
incorrectly referred to sec. 6653(a)(1)(A) and (B), instead of to
sec. 6653(a)(1) and (2).
3On Feb. 28, 2005, respondent and petitioner entered into a
stipulation to be bound (stipulation to be bound) by the final
decision in Korchak v. Commissioner, docket No. 22105-03. That
case, which was based upon the affected items notice issued to
petitioner and Mr. Korchak, was commenced in the Court by Mr.
Korchak. The issue presented there was whether the deficiency in
tax that respondent assessed pursuant to Madison Recycling
Associates v. Commissioner, T.C. Memo. 2001-85, affd. 295 F.3d
280 (2d Cir. 2002), for the taxable year 1982 of petitioner and
Mr. Korchak is subject to additions to tax under secs. 6653(a)
and 6659. In the opinion that the Court issued in the case
involving Mr. Korchak, Korchak v. Commissioner, T.C. Memo. 2005-
244, the Court sustained respondent’s determinations under secs.
6653(a) and 6659. On Oct. 20, 2005, the Court entered its
decision in that case, which became final on Jan. 18, 2006. In
the stipulation to be bound, petitioner retained the right to
assert that she is entitled to relief under sec. 6015(b) or
(f) with respect to her taxable year 1982.
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