Stanley I. Caplan - Page 2

                                                 - 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 contends                             




Page:  Previous  1  2  3  4  Next

Last modified: May 25, 2011