Mary Lee Sharer - Page 7

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          the community income from Sharer Accountancy and all other issues                  
          related thereto.  Neither petitioner nor her attorney responded                    
          to this letter, nor were any additional documents submitted to                     
          respondent.  However, because of the pending case involving                        
          petitioner's 1986 and 1987 tax years, the parties agreed to                        
          continue generally the trial of this case.                                         
                On September 8, 1994, the opinion in petitioner's 1986 and                   
          1987 case was rendered.  See Sharer v. Commissioner, T.C. Memo.                    
          1994-453.  This Court found that petitioner and Mr. Sharer were                    
          living separate and apart during 1986 and 1987, and that the net                   
          income from Sharer Accountancy was Mr. Sharer's separate income                    
          and was not community income.  The Court also found that                           
          petitioner had to include in income a portion of the amounts paid                  
          to her as "spousal wages".  The Court found that the remainder of                  
          the payments represented repayment of loans made by petitioner to                  
          Mr. Sharer, and such payments were not income.                                     
                On October 20, 1994,4 the same Appeals Officer contacted                     
          petitioner's attorney again to see if the 1988 tax year could be                   
          settled in light of the Court's opinion for the 1986 and 1987 tax                  
          years.  By letter dated November 2, 1994, petitioner's attorney                    

          4                                                                                  
                From this point on, it appears from the record of both cases                 
          that all correspondence and communications between the parties                     
          dealt with both years 1988 and 1989.  The issues considered by                     
          the parties in subsequent correspondence related to either year                    
          or both years.  As discussed later in this opinion, the petition                   
          challenging respondent's determinations for the 1989 tax year was                  
          filed on June 24, 1993.                                                            




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