Feller v. Commissioner
United States Tax Court
P overstated his prepayment credits on his Federal income tax returns in order to claim refunds for 1992 through 1997. On Nov. 22, 2006, R issued two notices of deficiency determining that P was subject to the fraud penalty of I.R.C. sec. 6663 because his overstated prepayment credits resulted in underpayments of income tax pursuant to I.R.C. sec. 6664 and sec. 1.6664-2(c)(1) and (g), Example (3), Income Tax Regs.
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P overstated his prepayment credits on his Federal income tax returns in order to claim refunds for 1992 through 1997. On Nov. 22, 2006, R issued two notices of deficiency determining that P was subject to the fraud penalty of I.R.C. sec. 6663 because his overstated prepayment credits resulted in underpayments of income tax pursuant to I.R.C. sec. 6664 and sec. 1.6664-2(c)(1) and (g), Example (3), Income Tax Regs. On Nov. 27, 2006, R assessed, by use of the mathematical error assessment procedures of I.R.C. sec. 6213(b)(1), adjustments related to P's overstatement of prepayment credits for…
1Opinion of the Court
Haines, Judge:
Rick D. Feller petitioned the Court for redetermination of the following penalties:
Penalty
Year sec. 6663
1992 . $78,481
1993 . 56,689
1994 . 43,566
1995 . 58,660
1996 . 59,963
1997 . 58,552
Hereafter, the years 1992, 1993, 1994, 1995, 1996, and 1997 will be referred to as the years at issue. After concessions, the issues for decision are: (1) Whether the issuance of the notice of deficiency for each of the years at issue is barred by the expiration of the limitations period for assessment under section 6501; and (2) whether petitioner’s overstated prepayment credits for the years at…
2Cases cited11 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- King v. St. Vincent's HospitalSupreme Court of the United States · 1991
- Petzoldt v. CommissionerUnited States Tax Court · 1989
- Sadler v. CommissionerUnited States Tax Court · 1999
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