George C. Scrimshaw and Erna C. Scrimshaw - Page 12

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         purporting to make her liable for his taxes.  Third, he allegedly            
         committed fraud against the Tax Court when he filed a joint petition         
         with this Court for a redetermination of the deficiency.  Pursuant           
         to the parties' stipulation, the Court entered a decision holding            
         Mr. Toscano and Ms. Zelasko jointly liable for deficiencies.  The            
         Court of Appeals for the Ninth Circuit vacated the Tax Court's               
         decision and held that Ms. Zelasko, under these circumstances, was           
         entitled to a hearing on her allegations.                                    
              In the case before us, it is undisputed that petitioners filed          
         joint income tax returns.  Petitioner was aware of respondent's              
         adjustments to the 1975 through 1979 returns, as well as the                 
         proceeding before this Court.  She knew or certainly should have             
         known that she could be held liable for the tax deficiencies in the          
         event we sustained respondent's adjustments to the 1975-79 returns.          
         And most importantly, she signed the Stipulation of Settled Issues           
         and a Stipulation of Settlement, upon which the stipulated decision          
         document was partially based.                                                
              Petitioner has not satisfied her heavy burden of proving that           
         her purported signature on the stipulated decision affected the              
         outcome of the case; in other words, petitioner has failed to prove          
         that a different result might have occurred had the stipulated               
         decision been vacated.                                                       
              In addition to requesting that the Court vacate the stipulated          
         decision, petitioner requests permission to amend a petition filed           
         14 years ago in order to assert an "innocent spouse" defense.                




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