Legal Opinion

Rader v. Commissioner

United States Tax Court

Decided October 29, 2014No. Docket Nos. 11409-11, 11476-11, 27722-11PublishedCited by 19 opinions

Ps failed to file returns for 2003-06 and 2008 (years in issue). The IRS examining agent, using the bank deposits method and information returns issued in connection with payments to P-H or to both Ps, reconstructed Ps' income for the years in issue and determined tax deficiencies and additions to tax under I.R.C. secs. 6651(a)(1) and (2) and 6654, which he incorporated on substitutes for returns (SFRs) for each P for 2003-06 and an SFR for P-H for 2008. The SFRs constituted…

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Ps failed to file returns for 2003-06 and 2008 (years in issue). The IRS examining agent, using the bank deposits method and information returns issued in connection with payments to P-H or to both Ps, reconstructed Ps' income for the years in issue and determined tax deficiencies and additions to tax under I.R.C. secs. 6651(a)(1) and (2) and 6654, which he incorporated on substitutes for returns (SFRs) for each P for 2003-06 and an SFR for P-H for 2008. The SFRs constituted the basis for the notices of deficiency issued to Ps. R filed amendments to answer in docket Nos. 11409-11 and 11476-11…

1Opinion of the Court

Halpern, Judge:

These consolidated cases involve the following determinations of deficiencies in and additions to petitioners’ 2003-06 and petitioner Steven R. Rader’s 2008 Federal income tax: 2

Additions to tax

Year Deficiency Sec. 6651(a)(1) Sec. 6651(a)(2) Sec. 6654(a)

2003 $139,964 $29,804

2004 136,414 30,693 $3,909

2005 144,511 32,515 5,797

2006 212,648 47,846 10,063

2008 7,859 1,768 $1,061 253

Respondent issued identical notices of deficiency (notices) for 2003-06 to each petitioner on February 11, 2011, on the grounds that he was unable “to determine which of the petitioners received the income…

2Cases cited18 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. HIGBEE v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
  3. Commissioner v. LundySupreme Court of the United States · 1996
  4. Glenn Crain v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1984
  5. United States v. Robert NeffCourt of Appeals for the Ninth Circuit · 1980

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

3Cited by19 opinions

  1. Jeff Blau, Tax Matters Partner of RERI Holdings I, LLC v. Commissioner of IRSCourt of Appeals for the D.C. Circuit · 2019
  2. John E. Rogers & Frances L. Rogers v. CommissionerUnited States Tax Court · 2018
  3. Batsch v. Comm'rUnited States Tax Court · 2016
  4. Benton Williams, Jr. v. CommissionerUnited States Tax Court · 2018
  5. Dynamo Holdings Limited Partnership, Dynamo, GP, Inc., Tax Matters Partner v. CommissionerUnited States Tax Court · 2018

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

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