Additions to Tax Sec. Sec. Sec. Sec. Sec. Year Deficiency 6653(a)(1)(A) 6653(a)(1)(B) 6653(b)(1) 6653(b)(2) 6661 1985 $265,182 -- -- $132,591 1 $66,296 1986 22,927 $1,146 1 -- -- 5,732 1 Fifty percent of interest due on the deficiency. Unless stated otherwise, all section references are to the Internal Revenue Code as in effect during the years in issue. Prior to trial, petitioner Carl DiMichele conceded liability for the above tax deficiencies and additions to tax, determined by respondent in two notices of deficiency issued to petitioners. At trial, respondent's attorney conceded that no part of the underpayment for 1985 was due to the fraud of petitioner Eileen DiMichele. Following those concessions, the only issue for decision is whether petitioner Eileen DiMichele qualifies as a so-called innocent spouse under section 6013(e) and should be relieved of liability for the subject tax deficiencies and the additions to tax for 1986. Therefore, all further references to "petitioner" are references to Mrs. DiMichele. FINDINGS OF FACT The parties have stipulated some of the facts in these consolidated cases. The Stipulation of Facts filed by thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011