Francis Z. Mischel - Page 8

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          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 State             







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