and 1991 Federal income taxes in the amounts of $2,587 and $1,183, respectively, and an addition to tax for late filing of the return in the amount of $699 for 1990. After concessions by the parties,2 the issues for decision are: (1) Whether petitioner is entitled to claim head of household filing status for the years in issue; (2) whether petitioner is entitled to claim a mortgage interest rental expense for 1990; (3) whether petitioner may exclude rental income and is entitled to claim additional rental expenses for 1991; (4) whether petitioner may exclude from income one-half of his retirement income during the years in issue; and (5) whether petitioner is liable for the addition to tax pursuant to section 6651(a)(1) for his failure to file a timely 1990 Federal return. Some of the facts have been stipulated and are so found. The stipulations of fact and attached exhibits are incorporated herein by this reference. Petitioner resided in Westminster, Colorado, on the date the petition was filed in this case. Petitioner and his former wife were married for 30 years and six children were born of their marriage. Three of their six children were dependents of petitioner and his former wife during the years in issue under section 151. Petitioner and his former wife lived together in the family residence until January 5, 1991, when due to marital difficulties, petitioner moved from the 2 Petitioner conceded the rental income and expense adjustments for 1990. Respondent conceded that the Form W-2, Wage and Tax Statement, income for Ms. Petrie in the amount of $345.55 should be excluded from petitioner's 1990 income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011