Norma Neiman - Page 2

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                                        MEMORANDUM OPINION                                             

                  PANUTHOS, Chief Special Trial Judge:  This case was heard                            
            pursuant to the provisions of section 7443A(b)(3) and Rules 180,                           
            181, and 182.2                                                                             
                  Respondent determined a deficiency in the amount of $1,522                           
            in petitioner's Federal income tax for the taxable year 1990.3                             
            The issues for decision are:                                                               
                  1.    Whether petitioner and her husband, Jacob B. Neiman,                           
            failed to report income received by Jacob B. Neiman; and                                   
                  2.    Whether said income is subject to self-employment tax.4                        
                  At the time of filing the petition herein, petitioner                                
            resided at Cincinnati, Ohio.  While no formal stipulation was                              
            filed, the parties agreed to a number of exhibits which were made                          
            part of this record.  There was no testimony, and, accordingly,                            



            2  All section references are to the Internal Revenue Code                                 
            in effect for the tax year at issue.  All Rule references are to                           
            the Tax Court Rules of Practice and Procedure.                                             
            3  Jacob B. Neiman died in Mar. 1993, prior to the filing of                               
            the petition herein.  A notice of deficiency was issued to                                 
            petitioner Norma Neiman and Jacob B. Neiman, deceased.  The                                
            petition was captioned in both names.  By order dated Apr. 6,                              
            1994, respondent's motion to dismiss for lack of jurisdiction as                           
            to the estate of Jacob B. Neiman, deceased, and to change caption                          
            was granted since Norma Neiman failed to establish that she had                            
            authority to represent her deceased husband.  The caption of this                          
            case was changed to read "Norma Neiman, Petitioner, v.                                     
            Commissioner of Internal Revenue, Respondent".                                             
            4  Issues of omitted interest and dividend income were not                                 
            contested by petitioner.                                                                   




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