Kristine A. Cluck - Page 4

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                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated or deemed stipulated            
          under Rule 91(f)(3).3  The stipulated facts and the accompanying            
          exhibits are incorporated into our findings by this reference.              
          Petitioner, Kristine A. Cluck, resided in San Antonio, Texas, on            
          the date the petition was filed.                                            
               Petitioner is still married to Elwood, who was an attorney             
          representing her in this case.  Although Elwood is not a                    
          petitioner, we have found a number of facts related to him, as              
          such facts are germane to the issues presented.4                            
               Petitioner and Elwood were married on July 24, 1984.  For              
          the taxable years 1984 and 1985, Elwood filed his Federal income            
          tax returns as married filing separate.  The record does not                
          establish whether petitioner filed Federal income tax returns for           


          3  By order dated Dec. 13, 1993, we granted respondent's motion             
          to compel stipulation and directed petitioner to file a response            
          to respondent's proposed stipulation of facts and to show cause             
          why the facts and evidence recited in such proposed stipulation             
          should not be accepted as established for purposes of this case.            
          Petitioner's response to our show cause order was evasive and not           
          fairly directed at the proposed stipulation or any portion                  
          thereof.  Accordingly, on Jan. 12, 1994, we ordered that                    
          respondent's proposed stipulation of facts be deemed stipulated             
          for purposes of this case.                                                  
          4  When a husband and wife file joint Federal income tax returns,           
          sec. 6013(d)(3) imposes joint and several liability upon each               
          spouse.  The law of joint and several liability permits the                 
          Internal Revenue Service (IRS) to assess one spouse for the tax             
          deficiency of the couple and to issue a deficiency notice to the            
          other spouse when it is unable to satisfy the claim.  However,              
          the IRS is allowed to collect this single tax obligation only               
          once.  Dolan v. Commissioner, 44 T.C. 420, 430 (1965).                      




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