Henry M. Lloyd (2008)

T.C. Memo. 2008-15

UNITED STATES TAX COURT HENRY M. LLOYD, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 4395-06L. Filed January 29, 2008.

Stephen P. Kauffman, for petitioner.

C. Teddy Li, for respondent.

MEMORANDUM OPINION CHIECHI, Judge: This case is before the Court on respondent's motion for summary judgment (respondent's motion). We shall grant respondent's motion.

Background The record establishes and/or the parties do not dispute the following.

Petitioner resided in Washington, D.C., at the time he filed the petition in this case.

On April 15, 1991, petitioner filed a Federal income tax (tax) return (return) for his taxable year 1990 (1990 return).

When petitioner filed his 1990 return, he paid the tax due shown in that return.

At a time not disclosed by the record after petitioner filed his 1990 return and before September 2, 1996, the Internal Revenue Service (IRS) conducted an examination with respect to petitioner's taxable year 1990. During that examination, the IRS proposed an increase in petitioner's tax of $55,609 for that taxable year, to which petitioner agreed.

On September 2, 1996, respondent assessed the additional tax of $55,609 to which petitioner had agreed and interest as provided by law for petitioner's taxable year 1990.1 (We shall refer to any unpaid assessed amounts with respect to petitioner's taxable year 1990, as well as interest as provided by law accrued after September 2, 1996, as petitioner's unpaid 1990 liability.) Respondent issued to petitioner the notice and demand for payment required by section 6303(a)2 with respect to petitioner's unpaid 1990 liability.

On April 15, 1992, petitioner filed a return for his taxable year 1991 (1991 return). In that return, petitioner showed no tax due.

At a time not disclosed by the record after petitioner filed his 1991 return and before August 26, 1996, the IRS conducted an examination with respect to petitioner's taxable year 1991.

During that examination, the IRS proposed an increase in petitioner's tax of $13,380 for that taxable year, to which petitioner agreed.

On August 26, 1996, respondent assessed the additional tax of $13,380 to which petitioner had agreed and interest as provided by law for petitioner's taxable year 1991. (We shall refer to any unpaid assessed amounts with respect to petitioner's taxable year 1991, as well as interest as provided by law accrued after August 26, 1996, as petitioner's unpaid 1991 liability.) Respondent issued to petitioner the notice and demand for payment required by section 6303(a) with respect to petitioner's unpaid 1991 liability.

On July 12, 1993, petitioner filed a return for his taxable year 1992 (1992 return). When petitioner filed his 1992 return, he paid the tax due shown in that return.3 At a time not disclosed by the record after petitioner filed his 1992 return and before September 2, 1996, the IRS conducted an examination with respect to petitioner's taxable year 1992.

During that examination, the IRS proposed an increase in petitioner's tax of $323 for that taxable year, to which petitioner agreed.

On September 2, 1996, respondent assessed the additional tax of $323 to which petitioner had agreed and interest as provided by law for petitioner's taxable year 1992. (We shall refer to any unpaid assessed amounts with respect to petitioner's taxable year 1992, as well as interest as provided by law accrued after September 2, 1996, as petitioner's unpaid 1992 liability.)4 Respondent issued to petitioner the notice and demand for payment required by section 6303(a) with respect to petitioner's unpaid 1992 liability.

On April 15, 1995, petitioner filed a return for his taxable year 1994 (1994 return). When petitioner filed his 1994 return, he did not pay the tax due shown in that return (i.e., $656).

On May 29, 1995, respondent assessed the tax due of $656 shown in petitioner's 1994 return, an addition to tax under section 6651(a)(2) of $6.56, and interest as provided by law for petitioner's taxable year 1994. (We shall refer to any unpaid assessed amounts with respect to petitioner's taxable year 1994, as well as interest as provided by law accrued after May 29, 1995, as petitioner's unpaid 1994 liability.) Respondent issued to petitioner the notice and demand for payment required by section 6303(a) with respect to petitioner's unpaid 1994 liability.

On October 10, 1997, petitioner filed a return for his taxable year 1996 (1996 return). When petitioner filed his 1996 return, he did not pay the tax due shown in that return (i.e., $4,291).

On November 10, 1997, respondent assessed the tax due of $4,291 shown in petitioner's 1996 return, additions to tax under sections 6651(a)(1) and (2) and 6654 of $386.19, $133.38, and $202, respectively, and interest as p...

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