2003 Tax Ct. Memo LEXIS 203">*203 Respondent's calculation of petitioner's tax liability sustained. Court ordered computation under
MEMORANDUM OPINION
DINAN, Special Trial Judge: Respondent determined a deficiency in petitioner's Federal income tax of $ 1,665 for the taxable year 1999. Respondent, by an amendment to answer to amended petition, seeks an increased deficiency totaling $ 8,950. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.
The issues for decision are: (1) Whether the income petitioner earned during 1999 is subject to Federal income taxation; and (2) whether the deficiency determined in the statutory notice of deficiency may be increased. Petitioner resided in Fayetteville, North Carolina, on the date the petition was filed in this case.
For taxable year 1999, petitioner submitted to the Internal Revenue Service a Form 1040A, U.S. Individual Income Tax Return. On this form, petitioner entered zeroes on the lines provided for the amounts of income, deductions, and taxes due, but he claimed an overpayment of $ 3,0112003 Tax Ct. Memo LEXIS 203">*204 from withholding on certain wages he earned. Attached to this form were four Forms W-2, Wage and Tax Statement, reflecting total taxable wages of $ 32,296. There also was attached one Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. This form reflected a taxable distribution of $ 13,123. None of this income was reflected on the face of the Form 1040A. Respondent asserts that petitioner also received -- in addition to the amounts reflected on the attachments to the Form 1040A -- wage income of $ 1,000 and self- employment income totaling $ 3,156. Taking into account each of these items of income, respondent calculates petitioner's total tax liability as follows:
Wage and pension income $ 46,419
Self-employment income 3,156
Standard deduction (4,300)
Personal exemption deduction (2,750)
Self-employment income tax deduction (223)
________
Taxable income 2003 Tax Ct. Memo LEXIS 203">*205 42,302
Income tax 8,504
Self-employment income tax 446
________
Total tax liability 8,950
Petitioner admits that he received all of the income underlying this calculation.
In petitioner's pleadings and at trial, petitioner makes numerous assertions based upon frivolous arguments which do little more than recite law which is irrelevant, taken completely out of context, or otherwise misapplied. "We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest that these arguments have some colorable merit."
After reviewing respondent's calculation of petitioner's tax liability,2003 Tax Ct. Memo LEXIS 203">*206 detailed above, we conclude that this calculation has been made in accordance with the provisions of the Internal Revenue Code, and that the amounts of income tax and self-employment income tax are the correct amounts imposed by
Respondent seeks to increase the deficiency above which was determined in the notice of deficiency. Respondent bears the burden of proof with respect to an increased deficiency.
Respondent explains the increased deficiency as follows: Prior to the issuance of the notice of deficiency, respondent assessed taxes of $ 7,398 against petitioner for 1999. This assessment was made in the form of an assessment due to a "mathematical or clerical error" under the authority of
This Court is a court of limited jurisdiction, in that this Court possesses only the adjudicatory powers that Congress has conferred upon it.
2003 Tax Ct. Memo LEXIS 203">*208
the term "deficiency" means the amount by which the tax imposed
* * * exceeds * * * --
(1) the sum of
(A) the amount shown as the tax by the taxpayer upon
his return, if a return was made by the taxpayer and
an amount was shown as the tax by the taxpayer
thereon, plus
(B) the amounts previously assessed (or collected
without assessment) as a deficiency * * *
The amount of a deficiency is determined without regard to the amount of taxes withheld on a taxpayer's income.
A deficiency of income tax generally must be assessed pursuant to the deficiency procedures prescribed under
Generally, where an amount is assessed as being due to a mathematical or clerical error under
To reflect the foregoing,
Decision will be entered under