UNITED STATES TAX COUR T

J . CHRISTOPHER MALLICK,

Petitioner,

V. Docket No . 9767-0 8

COMMISSIONER OF INTERNAL REVENUE,

Respondent .

DECISION

Pursuant to the agreement of the parties in this cas e

is

ORDERED AND DECIDED : That there is a deficiency in income

tax due from petitioner for the taxable year 2005 in the amount
of $280,313 .00 ; an d

That there is a penalty due from petitioner for the taxable

year 2005, under the provisions of I .R .C . § 6662(a), in the
amount of $39,244 .00 .

(Signed) Harry A. Haines

Judge

Entered : MAY 22 2009

t S

'VED MAY 2 2 2009

Docket No . 9767-08 - 2 -

It is hereby stipulated that the Court may enter the

foregoing decision in this case .

It is further stipulated that interest will be assessed as

provided by law on the deficiency and penalty due from
petitioner .

It is further stipulated that, effective upon the entry of

this decision by the Court, petitioner waives the restrictions
contained in I .R .C . § 6213(a) prohibiting assessment an d
collection of the deficiency and penalty (plus statutory
interest) until the decision of the Tax Court becomes final .

CLARISSA C . POTTER
Acting Chief Counsel
Inte r,ta't R gue Servic e

MICHAEL J . FISCUS MICHAEL K . PARK

Counsel for Petitioner
Tax Court Bar No . 046 0
14724 Ventura Blvd ., 2nd Floor
Sherman Oaks, CA 91403
Telephone : (818) 971-5100
General Attorney
(Small Business/Self-
Employed )
Tax Court Bar No . PM037 3
300 North Los Angeles Street
3018 Federal Buildin g
Los Angeles, CA 90012
Telephone : (213) 894-3027 X
18 7

Date : ~7/ 6 4Z~ d! Date :