- 2 - years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. At the time the petition was filed, petitioner resided in Barre, Massachusetts. Petitioner did not file a Federal income tax return for his 1991 tax year. He was subsequently audited and, on August 13, 1994, respondent issued a notice determining deficiencies based on unreported income. Additions to tax were also determined. The petition was filed on August 18, 1994. A trial was held on April 28, 1997, in Boston, Massachusetts. At trial, respondent conceded that there was no deficiency in petitioner's 1991 Federal income tax and that no additions to tax were due. Petitioner did not dispute respondent's concession, but contends that he should be allowed to file a joint return with his ex-wife, Patricia. Patricia, for her 1991 tax year, had filed a Federal income tax return electing married filing separately status. Petitioner and Patricia obtained a decree of divorce providing that they would file a joint return for the 1991 tax year and that petitioner would be entitled to receive the expected refund. According to petitioner, Patricia refused to file the joint return when the Internal Revenue Service asserted deficiencies against him. Now that respondent has conceded that no deficiencies exist, however, petitioner believes Patricia will agree to file a joint return. Petitioner contends that if he and Patricia are allowed to file jointly, they will be entitled to a refund. Respondent contendsPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011