Nellwyn A. Buck - Page 2

               We decide the matter before us based on the pleadings,                 
          petitioner's motion, respondent's response to petitioner's                  
          motion, petitioner's reply to respondent's response, and                    
          respondent's response to petitioner's reply, as well as the                 
          various exhibits attached thereto.                                          
          Background                                                                  
               Petitioner Nellwyn A. Buck (petitioner) resided in Texas               
          City, Texas, at the time that the petition was filed with the               
          Court.                                                                      
               At all relevant times, petitioner was married to, and                  
          resided with, Pittman A. Buck, Jr. (Mr. Buck).                              
               Petitioner and Mr. Buck prepared a document purporting to be           
          a joint Federal income tax return for the taxable year 1988 (the            
          purported return).  Petitioner and Mr. Buck mailed the purported            
          return to respondent on April 17, 1989, and respondent received             
          it 2 days later on April 19, 1989.                                          
               The purported return was not signed by either petitioner or            
          Mr. Buck.  Rather, the purported return contained the statement             
          "Fifth Amendment" in the spaces provided for petitioner's and Mr.           
          Buck's signatures.3                                                         

          All Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
          3 An asterisk placed opposite each of the "Fifth Amendment"                 
          statements served to reference certain documents attached to the            
          purported return.  One such document, in the form of a "legal               
          opinion", expressed the view that "liability for filing returns             
          and paying income tax with respect to federal individual income             
          taxes applies only to third parties who have withheld taxes for             
                                                             (continued...)           




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