- 3 - (1) Whether petitioner is liable for deficiencies for her taxable years 1999 and 2000; (2) whether petitioner is liable for penalties under section 6662(a) for her taxable years 1999 and 2000; and (3) whether the Court should impose a penalty, sua sponte, under section 6673. FINDINGS OF FACT I. Background Some of the facts have been deemed stipulated pursuant to Rule 91(f) and are so found.3 The stipulated facts, with accompanying exhibits, are incorporated in our findings by this reference. At the time this petition was filed, petitioner resided in Gilbert, Arizona. 2(...continued) As to respondent’s concession, this Court has the discretion to accept or reject an offered concession. McGowan v. Commissioner, 67 T.C. 599, 604-607 (1976)(“All concessions, including stipulated settlement agreements, are subject to the Court’s discretionary review. Only through this process can the interests of justice be protected.” Id. at 607.). In this case, we reject $10,308 of respondent’s concession due to the mathematical calculation error. 3 Petitioner objected to many of the paragraphs in the Stipulation of Facts as well as questions from respondent during direct examination on Fifth Amendment grounds. The Court informed petitioner on more than one occasion that even if it was found to be applicable, she was not permitted to use the Fifth Amendment privilege as both a sword and a shield. See United States v. Rylander, 460 U.S. 752, 758 (1983); Ruocco v. Commissioner, 346 F.3d 223, 224 (1st Cir. 2003), affg. T.C. Memo. 2002-91; Lehmann v. Commissioner, 63 Fed. Appx. 412, 413 (9th Cir. 2003); see also infra Part II, Petitioner’s Fifth Amendment Claims.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