Langston v. Comm'r

2009 T.C. Memo. 65, 97 T.C.M. 1326, 2009 Tax Ct. Memo LEXIS 64
United States Tax Court·Decided March 25, 2009·No. No. 16671-05·Unpublished

Opinion

THOMAS M. LANGSTON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Langston v. Comm'r
No. 16671-05
United States Tax Court
T.C. Memo 2009-65; 2009 Tax Ct. Memo LEXIS 64; 97 T.C.M. (CCH) 1326;
March 25, 2009, Filed
*64
Thomas M. Langston, Pro se.
Lauren B. Epstein, for respondent.
Swift, Stephen J.

STEPHEN J. SWIFT

MEMORANDUM OPINION

SWIFT, Judge: This matter is before us under Rule 121 on respondent's motion for summary judgment with respect to respondent's determination of deficiencies and fraud penalties in petitioner's 1994, 1995, and 1996 Federal income taxes, as follows:

Fraud Penalty
YearDeficiencySec. 6663
1994 $ 1,960 $ 1,470
199512,2069,155
199639,55629,667

Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.

Background

Under Rule 91(f)(3), many of the facts have been deemed stipulated and are so found. 1*65

At the time the petition was filed, petitioner was a resident of Wesley Chapel, Florida.

In 1994, 1995, and 1996 petitioner received zero or only nominal income and paid zero or only nominal Federal income taxes. However, for those years petitioner filed with respondent Federal income tax returns and erroneously reported thereon substantial income and Federal tax withholdings (Tax W/Holdings), and petitioner claimed tax refunds for reported overpayments, as follows:

*2*1994*2*1995*2*1996
ReceivedReportedReceivedReportedReceivedReported
Income $ 0 $ 17,402 $ 171 $ 66,231 $ 4,389 $ 29,132
Tax liability 0006,814015,805
Tax w/holdings01,960319,02317355,534
Claimed refunds1,96012,20939,729

Attached to his 1994, 1995, and 1996 filed Federal income tax returns were false Forms W-2, Wage and Tax Statement, which petitioner had prepared and which reflected the overreported *66 wages and tax withholdings. At the time he filed his 1994, 1995, and 1996 Federal income tax returns, petitioner knew that the wages and tax withholdings he reported thereon were false.

For 1994 and 1995 respondent processed petitioner's Federal income tax returns and paid to petitioner the claimed refunds of $ 1,960 and $ 12,209, respectively.

However, due to the large amount, respondent did not refund to petitioner the reported $ 39,729 overpayment for 1996; rather, respondent flagged petitioner's 1996 Federal income tax return for audit and investigation.

On October 30, 2002, petitioner was indicted on several criminal charges relating to his 1996 Federal income taxes.

On July 18, 2003, petitioner pleaded guilty to a felony under section 7206(1) for filing a false 1996 Federal income tax return.

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Langston v. Comm'r, 2009 T.C. Memo. 65, 97 T.C.M. 1326, 2009 Tax Ct. Memo LEXIS 64 (tax 2009).

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