- 2 - Year Deficiency Sec. 6651(a)(1) Sec. 6654 1997 $1,991 $497.75 $106.50 2002 7,666 479.50 N/A Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure. The issues we must decide are: 1. Whether petitioner received $6,531 in wages from Sprint Management Co. (Sprint) and $13,526 in wages from Janus Service Corp. (Janus) during taxable year 1997.1 2. Whether petitioner received $47,074 in wages from Merrill Lynch, Pierce, Fenner, & Smith Inc. (Merrill Lynch) and $2,534 in unemployment compensation from the Colorado Division of Unemployment and Training (unemployment compensation) during taxable year 2002. 3. Whether petitioner is liable for an addition to tax under section 6651(a)(1) for failure to file tax returns for taxable years 1997 and 2002. 1At the conclusion of trial, respondent moved to amend the pleadings to conform to the record in order to assert an addition to tax under sec. 6651(f)(1) for fraudulent failure to file for taxable year 1997 based on petitioner’s admission that he claimed nine personal exemptions on his Forms W-4, Employee’s Withholding Allowance Certificate. Although petitioner’s actions and testimony clearly show that he is a tax protester, the record fails to persuade us by clear and convincing evidence that petitioner’s actions were fraudulent. Sec. 7454(a); Rule 142(b); Clayton v. Commissioner, 102 T.C. 632 (1994). Accordingly, respondent’s motion will be denied.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011