Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable years before the Court, and all Rule references are to the Tax Court Rules of Practice and Procedure. The issue for decision is whether petitioner qualifies for relief as an innocent spouse under section 6013(e). FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the exhibits attached thereto are incorporated herein by this reference. Petitioner resided in Jacksonville, Florida, at the time she filed her petition. Family Life Petitioner married David H. Womack (Mr. Womack) on October 27, 1972, at the age of 18. Three children were born of this marriage: David S. Womack, born February 28, 1974; Lota Michelle Womack, born June 14, 1979; and Charles E. Womack, born April 4, 1986. During the years at issue, the Womack family lived in Jackson County, North Carolina, in the small town of Cashiers. For approximately a week to 10 days in December of 1988, Mr. Womack was institutionalized in a mental hospital. He did not immediately return to the family residence upon release. Petitioner and Mr. Womack (the Womacks) lived apart from approximately December 3, 1988, through May 1, 1989. Petitioner and the children stayed in the family residence in Cashiers, North Carolina. On January 13, 1989, the Womacks entered into aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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