Willis v. Commissioner

1985 T.C. Memo. 330, 50 T.C.M. 340, 1985 Tax Ct. Memo LEXIS 298
United States Tax Court·Decided July 8, 1985·No. Docket No. 16679-81.·Unpublished

Opinion

HOWELL C. WILLIS and VIRGINIA L. WILLIS, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Willis v. Commissioner
Docket No. 16679-81.
United States Tax Court
T.C. Memo 1985-330; 1985 Tax Ct. Memo LEXIS 298; 50 T.C.M. (CCH) 340; T.C.M. (RIA) 85330;
July 8, 1985.

*298Held: (1) Deficiencies in income tax for 1974 and 1975 sustained.

(2) Additions to tax under secs. 6651(a), 6653(a), and 6654, I.R.C. 1954, against W, and under secs. 6653(b) and 6654, I.R.C. 1954, against H, sustained.

Howell C. Willis, pro se.
John S. Repsis, for the respondent.

SIMPSON

MEMORANDUM FINDINGS OF FACT AND OPINION

SIMPSON, Judge: The Commissioner determined the following deficiencies in, and additions to, the petitioners' Federal income taxes:

Howell C. WillisAdditions to Tax
Sec. 6653(b)Sec. 6654
YearDeficiencyI.R.C. 1954 1I.R.C. 1954
1974$2,862.10$1,431.05$77.02
19752,870.601,435.30123.72
Virginia L. WillisAdditions to Tax
Sec. 6651(a)Sec. 6653(a)Sec. 6654
YearDeficiencyI.R.C. 1954I.R.C. 1954I.R.C. 1954
1974$2,822.10$141.11
19752,870.60$717.65143.53$124.93

The issues for decision are: (1) Whether the petitioners are liable for the deficiencies in income tax for 1974 and 1975 as determined by the Commissioner; (2) whether the petitioner, Virginia L. Willis, is liable for the additions to tax as determined by the Commissioner under section 6651(a) for failure*300 to file tax returns or to pay tax, section 6653(a) for negligence or intentional disregard of rules and regulations, and section 6654 for failure to pay estimated tax; and (3) whether the petitioner, Howell C. Willis, is liable for 1974 and 1975 for the additions to tax under section 6653(b) for fraud and section 6654 for failure to pay estimated tax.

FINDINGS OF FACT

Some of the facts have been stipulated, and those facts are so found.

The petitioners, Howell C. and Virginia L. Willis, were residents of Dallas, Tex., at the time they filed their petition in this case. Mr. Willis filed tax protestor type documents in lieu of valid Federal income tax returns for 1974 and 1975. Mrs. Willis filed an individual Federal income tax return for 1974 with the Internal Revenue Service; she did not file an income tax return for 1975.

For 1971 and 1973, the petitioners filed joint Federal income tax returns. Mr. Willis filed tax protestor type documents in lieu of a valid income tax return for 1976. He filed no documents as tax returns for the years 1977 through 1982. *301 Mrs. Willis did not file a tax return for the years 1976 through 1982.

The petitioners refused to provide information requested by the revenue agent examining their tax liabilities for 1974 and 1975.As a result, the revenue agent sought and obtained information from third parties, such as employers and financial institutions, in order to determine the petitioners' tax liabilities for 1974 and 1975.

During 1974 and 1975, the petitioners received wages and had Federal income tax withheld as follows:

WagesIncome Tax

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Willis v. Commissioner, 1985 T.C. Memo. 330, 50 T.C.M. 340, 1985 Tax Ct. Memo LEXIS 298 (tax 1985).

1985 T.C. Memo. 330 (Willis v. Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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