SULLIVAN v. C.I.R.

No. 452, Docket 92-4076.

985 F.2d 704 (1993)

David A. SULLIVAN, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 11, 1993.


Attorney(s) appearing for the Case

Patrick J. Murphy, New York City (Murphy & O'Connell, Kathleen M. O'Connell, of counsel), for petitioner-appellant.

Randolph L. Hutter, Atty., Tax Div., Dept. of Justice, Washington, DC (James A. Bruton, Acting Asst. Atty. Gen., Gary R. Allen, Atty., Tax Div., of counsel), for respondent-appellee.

Before: PRATT and ALTIMARI, Circuit Judges, and GERALD W. HEANEY, Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.


GEORGE C. PRATT, Circuit Judge:

Petitioner David A. Sullivan appeals from a decision of the United States Tax Court, Joel Gerber, Judge, that charged him with an income tax deficiency of $26,547 for 1983, plus additions to tax under 26 U.S.C. §§ 6651 (failure to file tax return), 6653(a)(1) & (2) (negligent underpayment of tax), and 6661 (substantial underpayment of tax) (1982). The commissioner agrees that the tax court erred in imposing additions...

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