Francine Acquaviva - Page 2

                                        - 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.                              




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