Legal Opinion

Hesselink v. Commissioner

United States Tax Court

Decided July 30, 1991No. Docket No. 31528-88PublishedCited by 33 opinions

After being investigated by respondent and after being indicated and pleading guilty to criminal charges for failing to file Federal income tax returns for 1980 through 1983, petitioner, in compliance with the sentence imposed by the Federal district court, filed delinquent tax returns.

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After being investigated by respondent and after being indicated and pleading guilty to criminal charges for failing to file Federal income tax returns for 1980 through 1983, petitioner, in compliance with the sentence imposed by the Federal district court, filed delinquent tax returns. Held, Under sec. 1.6661-2(d)(2), Income Tax Regs., in computing petitioner's liability for additions to tax under sec. 6661, I.R.C. 1954, amounts of tax shown on petitioner's delinquent tax returns are to be ignored.

1Opinion of the Court

OPINION

SWIFT, Judge:*

Respondent determined additions to petitioner’s Federal income taxes with respect to 1980 through 1983, as follows:

Additions to tax

Year

1980

1981

1982

1983

Sec. 6653(a)1 $804

Sec. 6653(a)(1) Sec. 6653(a)(2) Sec. 6661

$528

783

582

**

**

**

$3,904

2,909

**50 percent of the interest due on the portion of the underpayment attributable to negligence.

After concessions, the only issue for decision is petitioner’s liability for the additions to tax under section 6661 with respect to 1982 and 1983.

The relevant facts were fully stipulated and are so found. Petitioner, a medical physician, resided…

2Cases cited14 opinions

  1. Vasquez v. HillerySupreme Court of the United States · 1986
  2. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  3. Burnet v. Coronado Oil & Gas Co.Supreme Court of the United States · 1932
  4. Pallottini v. CommissionerUnited States Tax Court · 1988
  5. Commissioner v. AckerSupreme Court of the United States · 1959

9 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Boyd v. Comm'rUnited States Tax Court · 2004
  2. Johnson v. Comm'rUnited States Tax Court · 2001
  3. Security State Bank v. CommissionerUnited States Tax Court · 1998
  4. AHG Invs., LLC v. Comm'rUnited States Tax Court · 2013
  5. Rozpad v. CommissionerUnited States Tax Court · 1997

28 more not listed; retrieve them via the Exa API.

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