Charol L. Stafford - Page 9

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          and provides no basis for denying respondent's motion for summary           
          judgment.                                                                   
          1.  The Deficiencies                                                        
               The deemed stipulations in these cases establish that                  
          petitioners were married and residents of Texas, a community                
          property State, during the tax years at issue.  Thus, on the                
          facts here presented, each petitioner is liable for the tax on              
          his or her respective share of community property income.  See              
          Hopkins v. Bacon, 282 U.S. 122 (1930); Poe v. Seaborn, 282 U.S.             
          101 (1930).  Petitioners have not asserted that the notices of              
          deficiency are arbitrary or erroneous and have failed to offer              
          any evidence disputing respondent's determinations as to the                
          deficiencies.                                                               
               Moreover, every item of income that respondent determined              
          was received by each petitioner individually is supported by                
          documentation to which petitioners are deemed to have stipulated,           
          including the Federal income tax returns filed by Mrs. Stafford             
          reporting wage income earned in her individual capacity.                    
          Statements in a tax return are admissions.  Waring v.                       
          Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg. per curiam            
          T.C. Memo. 1968-126; Estate of Hall v. Commissioner, 92 T.C. 312,           
          337-338 (1989); Lare v. Commissioner, 62 T.C. 739, 750 (1974),              

               3(...continued)                                                        
          was redesignated as the Internal Revenue Code of 1986 by the 99th           
          Congress on Oct. 22, 1986, Pub. L. 99-514, sec. 2(a), 100 Stat.             
          2095.                                                                       




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