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FENDLER v. C. I. R.

No. 26349.

441 F.2d 1101 (1971)

Robert H. and Sandra FENDLER, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

April 28, 1971.

Attorney(s) appearing for the Case

Robert H. Fendler and Sandra Fendler, in pro. per.

Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Grant W. Wiprud, Jane M. Edmisten, Attys., Tax Division, K. Martin, Worthy, Chief Counsel, Internal Revenue Service, Washington, D. C., for respondent-appellee.

Before MERRILL, BROWNING and KILKENNY, Circuit Judges.

PER CURIAM:

Taxpayers filed a joint return for the taxable year 1968 showing taxes due of $4,716. Form 3446, "Balance Due IRS," was sent to taxpayers on December 12, 1969, reflecting this $4,716 tax, unreduced by any payments or credits. A penalty of $857, assessed under 26 U.S.C. §§ 6651 and 6654, and interest of $185.99 were added, producing a balance due of $5,759.39. Taxpayers filed a petition in the Tax Court urging error in the penalties and incorrect...

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