- 2 - $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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007