- 8 - F. Petitioner's Contentions Petitioner admits that her wages are taxable. However, petitioner contends that she reported her wages on the Form 1040A, which she further contends is a valid income tax return. In the alternative, petitioner contends that she should not be held liable for an addition to tax under section 6651(a)(1) because the frivolous return penalty under section 6702 has already been assessed against her. Petitioner also contends: (1) Her tax liability should be computed by reference to the rates applicable to married individuals filing jointly; (2) she is entitled to the standard deduction in an amount appropriate to that filing status; (3) she is entitled to a total of 5 exemptions, 3 for her children and one each for herself and Mr. Mischel; (4) she is entitled to the earned income credit; and (5) she is entitled to a refund in the amount claimed on the Form 1040A. OPINION Issue (1): Community Property Split We begin with an issue not raised by the parties but which we think must be addressed as a fundamental matter; i.e., whether respondent may disregard community property laws in determining a deficiency. In this regard, we recall that respondent did not make any allowance for the community property laws of the StatePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011