Charles Mandeville - Page 5




                                        - 5 -                                         
          withheld $9,058 in Federal income tax.  That year, petitioner               
          also sold stock in Intel Corporation for $10,416.85 in gross                
          proceeds.  His basis in the stock sold was $6,577.62, resulting             
          in a net short-term capital gain of $3,839.23.  Petitioner also             
          received $36.88 in ordinary dividends from UBS Painewebber, Inc.            
               Petitioner had single filing status for the 1998 taxable               
          year and married filing separate status for the 2000-2003 taxable           
          years.  Sometime in 2001 or 2002, petitioner and his wife moved             
          from New Mexico to Oregon and then back to New Mexico.                      
               Respondent issued the aforementioned notices of deficiency.            
          Petitioner then filed a timely petition with this Court.  A trial           
          was held on November 28, 2006, in Albuquerque, New Mexico.                  
                                      OPINION                                         
          I.  Parties’ Contentions                                                    
               Petitioner asserts that the burden of proving that he had              
          unreported income tax is on respondent and that respondent has              
          failed to meet that burden in this case.  According to                      
          petitioner, he is entitled to dependency exemptions for his wife            
          for the 2000, 2002, and 2003 taxable years, education credits or            
          a deduction for tuition and fees for the 2001 and 2002 taxable              
          years, and a moving expense deduction for the 2001 and 2002                 
          taxable years.  Petitioner also asserts that respondent has not             
          met the burden of production regarding the additions to tax under           
          sections 6651(a)(1) and 6654(a).                                            







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: March 27, 2008