- 28 - The addition to tax under section 6651(a)(1) is based on respondent’s determination that petitioner failed to file an income tax return for 2000. Petitioner’s income tax return was due to be filed on or before April 15, 2001. He had requested timely and was granted an extension to file his 2000 tax return by August 15, 2001. He never filed the return until the statutory notice of deficiency was issued. At trial, petitioner claimed that he had filed his 2000 tax return timely. No evidence, however, was presented to support that claim. Respondent is sustained on this issue. Petitioner’s Federal income tax return for 2000 that was submitted at trial included a Schedule D, Capital Gains and Losses, on which petitioner claimed a $5,938.46 short-term capital loss and a long-term capital loss of $248,643.20. On the stipulation of facts that was filed by the parties, a basis for settlement was agreed to with regard to petitioner’s Schedule D. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered under Rule 155.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
Last modified: May 25, 2011