Alex B. Rhodes, Jr. - Page 2




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          $6,045, $6,248, and $6,465, and under section 6654(a) of $1,297,            
          $966, $833, and $675, respectively.1                                        
               After concessions,2 the issues for decision are:  (1)                  
          Whether petitioner received taxable income for the years at                 
          issue; (2) whether petitioner is liable for the additional tax              
          under section 72(t) for early distributions from retirement                 
          plans; (3) whether petitioner is liable for additions to tax                
          under section 6651(a)(1) for the years at issue; (4) whether                
          petitioner is liable for additions to tax under section 6654(a)             
          for the years at issue; and (5) whether the Court should impose a           
          penalty against petitioner under section 6673(a).                           
                                  FINDINGS OF FACT                                    
               Some of the facts have been deemed stipulated pursuant to              
          Rule 91(f) and are so found.3  The stipulation of facts and the             
          attached exhibits are incorporated herein by this reference.                
          Petitioner resided in Plano, Texas, when he filed the petition.             
               At the time of trial, petitioner was 42 years old.  During             
          the years at issue, petitioner was employed with various                    


               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       
               2 Respondent concedes that petitioner did not receive                  
          capital gain income of $164 from the American Express Certificate           
          Co. and a taxable distribution of $642 from the American Express            
          Trust Co. in 2000.                                                          
               3 Proposed stipulations of fact were deemed established by             
          the Court’s order on Feb. 27, 2006.                                         





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