Doyle A. King - Page 5

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          documents were delivered to respondent's counsel on November 14, 1994,      
          approximately 3 weeks before the call of the calendar upon which this       
          case was listed for trial. Official IRS transcripts of petitioners'         
          accounts do not reflect that the returns were ever formally filed.          
               Petitioners' 1989 tax year was the subject of a previous case in       
          this Court; namely, King v. Commissioner, T.C. Memo. 1994-318. For          
          that year petitioners filed a joint Federal income  tax return. Since       
          petitioners had filed no returns for 1990 and 1991 at the time              
          respondent's agent began the audit of petitioners' tax affairs for          
          those years, and failed to provide records on the basis of which            
          petitioners' correct liability could be determined, the revenue agent       
          reconstructed petitioners' income for 1990 and 1991 by reference to         
          information provided by third parties (IRP) and by application of the       
          consumer price index (CPI) to amounts reported on petitioners' 1989         
          return.                                                                     
               Since Doyle and Yvonne filed no returns, respondent issued             
          separate notices of deficiency to them for the years in issue.              
          Petitioners' 1989 joint return contained three separate Schedules C,        
          two for Doyle and one for Yvonne. Since California is community             
          property state, respondent took a protective position in the notices        
          of deficiency, attributing to each petitioner 100 percent of such           
          petitioner's income, and also attributing to each petitioner 50             
          percent of the other petitioner's Schedule C income. Since respondent       
          now concedes that petitioners' 1990 and 1991 income tax liability may       






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