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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.
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