Estate of Mark R. Woodward, Deceased, Lillian H. Woodward, Executrix, and Lillian H. Woodward - Page 8

          claimed refunds in the amount of $10,180, $9,620, and $700 for              
          the taxable years 1980, 1981, and 1982, respectively.                       
          4.   The Notice of Deficiency                                               
               In the notice of deficiency, respondent disallowed the Saxon           
          deductions claimed by petitioners on their Schedule C for                   
          equipment leasing and management expenses in the amount of                  
          $14,168.                                                                    
               In the notice of deficiency, respondent also disallowed the            
          investment tax credit claimed by petitioners on Form 3468 in the            
          amount of $20,500.                                                          
                              ULTIMATE FINDING OF FACT                                
               In signing the joint income tax return for 1983 and the                
          application for refund, petitioner had reason to know that there            
          were substantial understatements of tax attributable to grossly             
          erroneous items.                                                            
                                       OPINION                                        
          1.   Background                                                             
               The parties have resolved all of the issues in this case               
          except whether petitioner qualifies for relief as an innocent               
          spouse under section 6013(e) for the 2 taxable years in issue.              
               Section 6013(a) permits a husband and wife to file a joint             
          income tax return.  This is a valuable privilege because the                
          filing of a joint return generally serves to decrease the                   
          spouses' overall tax liability.  Sec. 1.                                    
               The privilege of filing a joint income tax return does not             
          come without a price, however.  Thus, as a general rule, spouses            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011