- 3 - (3) whether petitioner is liable for an addition to tax of $115.35 under section 6654(a) for failure to pay estimated income tax; and (4) whether petitioner is liable for a penalty under section 6673(a)(1) for instituting or maintaining this case primarily for delay or for taking a frivolous or groundless position in this proceeding. FINDINGS OF FACT Some of the facts have been stipulated, and the stipulated facts and accompanying exhibits are hereby incorporated by reference into our findings. At the time she filed her petition, petitioner resided in Wise, Virginia. During 2004, petitioner was a truck driver for Tyson Sales and Distribution, Inc., and received $52,327.73 in wage income. For that taxable year, Tyson Sales & Distribution, Inc., withheld $3,573.81 in Federal income tax from petitioner’s wages. During 2004, petitioner also received $227.64 in dividends from Tyson Foods, Inc., under a stock purchase plan and $203.20 in dividends from Tyson Foods, Inc., as a registered shareholder separate from her participation in the stock purchase plan. Petitioner was not married and had no dependents in 2004. For the 2004 taxable year, petitioner filed a so-called zero return, utilizing a Form 1040, U.S. Individual Income Tax Return, in which she stated that she had zero gross income and owed zeroPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008