Rosemarie Meyer - Page 2

                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               NIMS, Judge:   Respondent determined a deficiency in                   
          petitioner's Federal income tax for 1989 of $59,718.  Respondent            
          also determined the following:  (1) an addition to tax of $3,076            
          under section 6651(a)(1); (2) an accuracy-related penalty of                
          $11,944 under section 6662 due to a substantial understatement of           
          income tax, and (3) an addition to tax of $4,182 under section              
          6654(a) as a result of the failure of petitioner to pay estimated           
          income tax.                                                                 
               After concessions, the sole remaining issue for decision is            
          whether Rosemarie Meyer (petitioner or Mrs. Meyer) may claim                
          innocent spouse status under section 6013(e) for 1989.  For the             
          reasons that follow, we hold that petitioner does not qualify for           
          such relief.                                                                
               All section references, unless otherwise specified, are to             
          sections of the Internal Revenue Code in effect for the year at             
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
               The parties have stipulated to some of the facts and the               
          Court has so found.  This reference incorporates the stipulation            
          of facts and attached exhibits.  Mrs. Meyer resided in                      
          Lindenhurst, New York, when she filed her petition.                         
                                  FINDINGS OF FACT                                    
               Petitioner wed Robert J. Meyer in 1967 and remained married            
          to him at the time of trial, although the couple separated in               






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