Balsamo in the summer of 1993. Prior to this time, Mrs. Burke was unaware that purported joint Federal income tax returns had been filed. We conclude that Mrs. Burke did not tacitly consent to the filing of joint Federal income tax returns for the years in issue, and, therefore, she is not jointly and severally liable for the tax16 in issue. It follows that Mr. Burke's Federal income tax liability for 1985, 1986, and 1987 must now be computed under the filing status of "married filing separate". Addition to Tax for Failure to File a Timely Return Mr. Burke filed a delinquent return for the taxable year 1986, and respondent determined that he is liable under section 6651(a)(1) for an addition to tax on the portion of the underpayment that is not due to fraud. See sec. 6653(d). Mr. Burke bears the burden of proof on this issue; however, he did not address this issue on brief, and there is no evidence that would lead us to conclude that he had a reasonable excuse for not filing his 1986 return until March 29, 1991. We sustain respondent's determination. Additions to Tax for Substantial Understatement of Income Tax Respondent determined that Mr. Burke is liable for additions to tax for 1985, 1986, and 1987 under section 6661. Respondent also alleged in her answer that this addition to tax applies to the understatement of tax attributable to the additional income of $22,448 that we have found that Mr. Burke received in 1986. Section 6661(a) provides for an addition to tax equal to 25 percent of the amount of any underpayment attributable to a substantial understatement of income tax. Pallottini v. Commissioner, 90 T.C. 498, 503 (1988). An understatement is substantial if it exceeds the greater of $5,000 16Since we have determined that Mrs. Burke did not tacitly consent to the filing of joint Federal income tax returns, we need not consider whether she satisfies the requirements for protection under the innocent spouse provision in sec. 6013(e).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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