Janice L. Morris - Page 2

                                        - 2 -                                         
                                Year      Deficiency                                  
                                1987      $39,011                                     
                                1988      23,059                                      
                                1989      29,594                                      
               The issues remaining for decision are:                                 
               (1) Is petitioner entitled to innocent spouse relief under             
          section 6013(e)(1)2 with respect to the portion of the deficiency           
          for each of the years 1987, 1988, and 1989 that is attributable             
          to certain income from funds that Mr. Morris embezzled and that             
          were not reported in the joint return that they filed for each              
          such year?   We hold that she is.                                           
               (2)  Is petitioner entitled to innocent spouse relief under            
          section 6013(e)(1) with respect to the portion of the deficiency            
          for 1987 that is attributable to deductions for a business bad              
          debt and the legal expenses incurred in attempting to recover               
          that debt that were claimed in the joint return for that year?              
          We hold that she is not.                                                    
               (3)  Did petitioner and Mr. Morris underreport by $10,000              


          1(...continued)                                                             
          a decision in that case, which was based upon an agreement                  
          between Mr. Morris and respondent that Mr. Morris is liable for             
          deficiencies in income tax and additions to tax for fraud due in            
          part to the omission of certain income attributable to embezzled            
          funds from the Federal income tax returns (joint returns) that he           
          and petitioner filed for the years at issue.  Mr. Morris did not            
          join in the petition filed by petitioner and is not a party in              
          the present case.                                                           
          2  All section references are to the Internal Revenue Code (Code)           
          in effect for the years at issue.  All Rule references are to the           
          Tax Court Rules of Practice and Procedure.                                  




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