Garza v. Comm'r

2017 T.C. Memo. 7, 113 T.C.M. 1023, 2017 Tax Ct. Memo LEXIS 7
CourtUnited States Tax Court
DecidedJanuary 5, 2017
DocketDocket Nos. 3217-15, 6460-15
StatusUnpublished
Cited by1 cases

This text of 2017 T.C. Memo. 7 (Garza v. Comm'r) is published on Counsel Stack Legal Research, covering United States Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garza v. Comm'r, 2017 T.C. Memo. 7, 113 T.C.M. 1023, 2017 Tax Ct. Memo LEXIS 7 (tax 2017).

Opinion

ISIDRO GARZA, JR., AND MARTHA C. GARZA, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Garza v. Comm'r
Docket Nos. 3217-15, 6460-15
United States Tax Court
T.C. Memo 2017-7; 2017 Tax Ct. Memo LEXIS 7;
January 5, 2017, Filed

Decisions will be entered for respondent.

*7 Walter A. Boyd, III, for petitioners.
Mark Alexander Ericson, for respondent.
KERRIGAN, Judge.

KERRIGAN
MEMORANDUM FINDINGS OF FACT AND OPINION

KERRIGAN, Judge: In these consolidated cases, respondent determined the following deficiencies, penalties, and additions to tax:

*8
Additions to tax
Penalty
YearDeficiencysec. 6663sec. 6651(a)(1)sec. 6651(a)(2)sec. 6654
1998$47,791$35,843         
2000109,136   $24,555$27,284$5,870
2001105,569   23,75326,3924,219
2002145,329108,996         

Respondent issued separate notices of deficiency to petitioner husband and petitioner wife for tax years 2000 and 2001. The table reflects combined totals of petitioners' deficiencies and additions to tax determined for tax years 2000 and 2001.

Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. All monetary amounts are rounded to the nearest dollar.

Petitioners conceded in full the deficiencies respondent determined for tax years 1998, 2000, 2001, and 2002. Petitioners conceded in full the additions to tax pursuant to section 6651(a)(1) and (2) and section 6654 for tax years 2000 and 2001. The only issue for consideration*8 is whether petitioners are liable for fraud penalties pursuant to section 6663 for tax years 1998 and 2002.

*9 FINDINGS OF FACT

Some of the facts have been stipulated, and the stipulated facts are incorporated in our findings by this reference. Petitioners resided in Texas when the petitions in these consolidated cases were timely filed. Petitioners were married at the time the petitions were filed and remain married.

General Background

Petitioner husband graduated from Texas A&M University with a degree in mechanical engineering in 1974. In or about 1982 he worked as the city manager for Eagle Pass, Texas. In or about 1995 petitioner husband organized Bay Area Consultants, Inc. (BAC), an engineering firm that operated out of League City, Texas.

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Related

Garza v. Comm'r
2017 U.S. Tax Ct. LEXIS 6 (U.S. Tax Court, 2017)

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Bluebook (online)
2017 T.C. Memo. 7, 113 T.C.M. 1023, 2017 Tax Ct. Memo LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garza-v-commr-tax-2017.