- 2 - 1987 7,826 $391 391 2 9,135 1 Respondent determined the additions to tax for negligence or intentional disregard of rules or regulations for 1986 and 1987 under sec. 6653(a)(1)(A). 2 50 percent of the interest due on the portion of the deficiency attributable to negligence as provided by sec. 6653(a)(2) for 1985 and sec. 6653(a)(1)(B) for 1986 and 1987. Mr. Acquaviva did not join in the petition filed by petitioner and thus is not a party in this case. After concessions,1 we must decide: (1) Whether petitioner tacitly consented to the filing of joint Federal income tax returns for each of the 3 years in issue; (2) whether payments made by Magnum Development Corp. (Magnum), Mr. Acquaviva's real estate development corporation, during the 1986 and 1987 taxable years were constructive dividends; (3) whether petitioner is relieved from joint Federal income tax liability as an "innocent spouse" by operation of section 6013(e);2 (4) whether petitioner is liable for an addition to tax under section 6651(a)(1) for the taxable year 1987; (5) whether petitioner is liable for the additions to tax for negligence under section 6653(a)(1) and (2) for 1985 and section 6653(a)(1)(A) and (B) for 1986 and 1987; and 1 Petitioner conceded before trial that the gain attributable to a 1986 condemnation award which her husband received was not properly deferred under sec. 1033. On brief, petitioner conceded that the proceeds from a 1985 involuntary conversion were also not properly deferred under sec. 1033. Petitioner concedes that these amounts are properly taxable to Mr. Acquaviva. 2 All section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: 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