Charles J. Dugan - Page 9

                                        - 9 -                                         
               At the outset, we note that once a taxpayer chooses to                 
          litigate a claim in the Tax Court, we have exclusive jurisdiction           
          over the issues involved in adjudicating the tax liability.                 
          Naftel v. Commissioner, 85 T.C. 527, 533 (1985).  As we stated in           
          Naftel v. Commissioner, supra at 533:  "We acquire jurisdiction             
          when a taxpayer files with the Court and that jurisdiction                  
          extends to the entire subject matter of the correct tax for the             
          taxable year."                                                              
               At the time the notice of deficiency was mailed, and at the            
          time of filing the petition, a 1991 return had not been filed by            
          petitioner.  The question, then, is what effect the submission of           
          a purported copy of the 1991 return and amended return, after the           
          filing of the petition, had upon petitioner's ability to elect              
          joint return status.  The parties submitted the purported copy of           
          the return and amended return into the record.  Evidence and                
          argument were presented as to the correctness of petitioner's               
          position as reflected in the purported copy of the 1991 return              
          and the amended return.  Respondent does not argue that the                 
          matters raised by the submission of the April 15, 1994, return or           
          the March 30, 1995, amended return are not in issue in this case.           


          7(...continued)                                                             
          claims additional dependency exemptions, itemized deductions,               
          Schedule C expenses, and a capital loss.  The return reflects no            
          tax due.  The amended return submitted Mar. 30, 1995, seeks                 
          married filing joint return status.  In a supplemental                      
          stipulation of facts filed with the Court, the parties agree that           
          petitioner and his wife intended the return submitted Mar. 30,              
          1995, as a joint return.                                                    




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