Stoddard v United States

Magistrate's Report & Recommendation in Tax Refund Case, re summary judgment


In this income tax refund case, the Magistrate recommended that the district court judge grant the government's motion for summary judgment on all but one of three issues. He, in essence, found that there was no question of fact that a TEFRA partnership item (investment tax credit) was carried back from 1983 to 1980 and, therefore, the assessment of that tax in 1996 was not barred by the statute of limitations contained in 26 USC § 6501(a). Moreover, the Magistrate found that the penalty or addition to tax for failure to pay estimated taxes, set forth in 26 USC § 6654, essentially created strict liability for the addition to tax, even though the taxpayer's accountant and tax return prepared submitted an uncontroverted affidavit that he was unable to obtain the necessary information in a timely manner to determine the estimated tax due.

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Reference Info:Decision | Federal, 6th Circuit, Michigan | United States

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