Opinion
6905-21S
04-28-2022
Joseph Robert Todd, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Diana L. Leyden Special Trial Judge
This case was set on the calendar for the remote Trial Session of the Court at Boston, Massachusetts, on April 25, 2022. On March 14, 2022, respondent filed with the Court a Motion to Dismiss for Lack of Prosecution. This case was called and recalled from the calendar on April 25, 2022. Petitioner appeared and was heard. Counsel for respondent appeared and made an oral Motion for Entry of Decision. Counsel for respondent read into the record the terms of the decision. After due consideration and for cause more fully appearing in the transcript of the proceeding, it is
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution filed on March 14, 2022, is denied. It is further
ORDERED that respondent's oral Motion for Entry of Decision is granted. It is further
ORDERED AND DECIDED that there is a deficiency in Federal income tax due from petitioner for the taxable year 2017 in the amount of $21, 723.00; and
That there is an addition to tax due from petitioner for the taxable year 2017, under the provisions of I.R.C. § 6651(a)(1) in the amount of $2, 086.65; and
That there is an addition to tax due from petitioner for the taxable year 2017 under the provisions of I.R.C. § 6651(a)(2) equal to 0.5% of the amount of tax required to be shown on the return, with an additional 0.5% for each additional month or fraction thereof during which the failure continues, not to exceed 25% in the aggregate; and
That there is no addition to tax due from petitioner under the provisions of I.R.C. § 6654.