DocketNumber: No. 4033-01
Citation Numbers: 2002 T.C. Memo. 102, 83 T.C.M. 1543, 2002 Tax Ct. Memo LEXIS 107
Judges: \"Cohen, Mary Ann\"
Filed Date: 4/16/2002
Status: Non-Precedential
Modified Date: 4/17/2021
*107 Penalty was awarded under
MEMORANDUM OPINION
COHEN, Judge: Respondent determined deficiencies of $ 20,000.60 and $ 15,230 in petitioner's Federal income taxes for 1995 and 1996, respectively. Respondent also determined additions to tax for failure to file tax returns under section 6651 and for failure to pay estimated taxes under section 6654(a) for both years. The only bona fide issue for decision is whether a penalty should be imposed against petitioner under
Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.
Background
The facts in this case have been deemed stipulated pursuant to
During 1995, petitioner received interest income totaling $ 48 and an Arizona tax refund of $ 755. He received a distribution of $ 13,586 from an individual*108 retirement account. Petitioner's age did not exceed 59-1/2 at the time of the distribution.
During 1995 and 1996, petitioner was employed by Arizona Public Service Co. He received compensation of $ 64,090.49 in 1995 and $ 68,123 in 1996 from Arizona Public Service Co.The Arizona Public Service Co. withheld $ 4,088.67 from petitioner's wages in 1995 and $ 5,649.98 from petitioner's wages in 1996.
Petitioner submitted to the Internal Revenue Service documents purporting to be 1995 and 1996 Federal income tax returns. Those documents reported petitioner's compensation earned in each year and then deducted the equivalent amount as " Property (money) exchanged for property (labor not subject to tax)". By those documents, petitioner sought refunds of income, Social Security, and Medicare taxes withheld from his wages. The documents set forth various frivolous arguments.
On June 26, 1998, petitioner filed a complaint in the U.S. District Court for the District of Arizona seeking refunds of withheld taxes. On August 2, 1999, the District Court granted a motion by the United States for summary judgment. In its order, the District Court held that petitioner's arguments were without merit. *109 The Court of Appeals for the Ninth Circuit affirmed the District Court's order on July 26, 2000.
In the amended petition filed in this case on May 29, 2001, petitioner alleged that he "did not receive any income from any taxable source as alleged in the Notices of Deficiency." Petitioner designated Phoenix, Arizona, as the place of trial.
By notice served August 24, 2001, this case was set for trial in Phoenix, Arizona, on January 28, 2002. Attached to the Notice Setting Case For Trial was a Standing Pre-Trial Order that provided, among other things:
ORDERED that all facts shall be stipulated to the maximum
extent possible. All documentary and written evidence shall be
marked and stipulated in accordance with
evidence is to be used to impeach the credibility of a witness.
Objections may be preserved in the stipulation. If a complete
stipulation of facts is not ready for submission at trial, and
if the Court determines that this is the result of either
party's failure to fully cooperate in the preparation thereof,
the Court may order sanctions against the uncooperative party.
*110 Any documents or materials which a party expects to utilize in
the event of trial (except for impeachment), but which are not
stipulated, shall be identified in writing and exchanged by the
parties at least 15 days before the first day of the trial
session. The Court may refuse to receive in evidence any
document or material not so stipulated or exchanged, unless
otherwise agreed by the parties or allowed by the Court for good
cause shown. * * *
On December 13, 2001, respondent's Motion to Show Cause Why Proposed Facts and Evidence Should Not be Accepted as Established was filed. Attached to respondent's motion was a letter from petitioner in which he refused to stipulate "to any fact or authenticate any document related to proving the receipt of the income." The Court's order to show cause was issued pursuant to
When the case*111 was called for trial, petitioner declined to testify. He stated that "As I understand it, the burden of proof is on the Government to prove that I had taxable income. I see no reason for me to testify. I did not stipulate to the facts for that very reason". Respondent filed a Motion for Damages Under
Discussion
The stipulation proposed by respondent, the motion for order to show cause, the order to show cause, and the order deeming facts stipulated for purposes of this case were all consistent with
Petitioner's assertion that respondent has the burden of proof is not a sufficient objection to a proposed stipulation.
Petitioner's argument that
Petitioner also contends that respondent erroneously relied on third-party information to determine that he had unreported income for the years in issue. He has not, however, raised any bona fide dispute as to the amounts reported on the third-party documents. The only dispute that petitioner raised with respect to the amounts of compensation is his frivolous arguments that his wages are not taxable. Those arguments, as petitioner was advised in the District Court order, citing
The stipulated facts also satisfy respondent's burden of production with respect to the penalties in issue. See
(a) Tax Court Proceedings. --
(1) Procedures instituted primarily for delay, etc. --
Whenever it appears to the Tax Court that --
(A) proceedings before it have been instituted or
maintained by the taxpayer primarily for delay,
*115 (B) the taxpayer's position in such proceeding is
frivolous or groundless, or
(C) the taxpayer unreasonably failed to pursue
available administrative remedies,
the Tax Court, in its decision, may require the taxpayer to
pay to the United States a penalty not in excess of
$ 25,000.
Petitioner had actual notice by the District Court order and in this case that his arguments that his wages were not taxable income were without merit. The various arguments that he made in this case have been long discredited and patently were asserted for purposes of delay. We conclude that a penalty under
To reflect the foregoing,
An appropriate order and decision will be entered .
Clarence W. Steinbrecher and Jeannette D. Steinbrecher v. ... , 712 F.2d 195 ( 1983 )
Carey K. Parker Mary E. Parker v. Commissioner of Internal ... , 117 F.3d 785 ( 1997 )
William H. And Avilda L. Edwards v. Commissioner of ... , 680 F.2d 1268 ( 1982 )
Norman E. McCoy and Mary Louise McCoy v. Commissioner of ... , 696 F.2d 1234 ( 1983 )
James Traficant, Jr. v. Commissioner of Internal Revenue ... , 884 F.2d 258 ( 1989 )
Michael L. Rockwell, and Regina Rockwell v. Commissioner of ... , 512 F.2d 882 ( 1975 )
United States v. Brian A. Carlson , 617 F.2d 518 ( 1980 )
United States v. Ruth Studley , 783 F.2d 934 ( 1986 )
United States v. Sullivan , 47 S. Ct. 607 ( 1927 )
United States v. Rylander , 103 S. Ct. 1548 ( 1983 )