Gerry M. Griggs - Page 29

                                       - 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