George v. Commissioner
George v. Commissioner
Opinion of the Court
MEMORANDUM
Richard E. George appeals pro se from a decision of the tax court determining tax deficiency for 1997 and imposing penalties. We have jurisdiction pursuant to 26 U.S.C. § 7482(a), and we affirm in part, and vacate and remand in part.
We review de novo the tax court’s conclusions of law and for clear error its findings of fact. Kelley v. Comm’r, 45 F.3d 348, 350 (9th Cir. 1995). We review for abuse of discretion imposition of penalties and evidentiary sanctions. See Larsen v. Comm’r, 765 F.2d 939, 941 (9th Cir. 1985) (per curiam) (imposition of penalties pursuant to 26 U.S.C. § 6673); Smith v. Comm’r, 800 F.2d 930, 934 (1986) (imposition of evidentiary sanctions).
The tax court properly found that George is subject to the federal system of
As the Commissioner concedes, the tax court erred by failing to credit George for $2,154.48 in social security overpayments. See 26 U.S.C. §§ 3101(a), 3121(a)(1); 26 C.F.R. §§ 31.3101-2(a), 31.3121(a)(l)-l; 1997 Cost-of-Living Increase and Other Determinations, 61 Fed. Reg. 55346 (Oct. 25, 1996). We therefore remand for recalculation of George’s deficiency in light of this credit.
Each party shall bear its own costs on appeal.
AFFIRMED IN PART, VACATED and REMANDED IN PART.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Richard E. GEORGE v. COMMISSIONER OF INTERNAL REVENUE
- Cited By
- 1 case
- Status
- Published