- 12 - Issue (4): Additional Exemption for Mr. Mischel If a joint return is not filed, an exemption for a taxpayer's spouse is allowable under section 151(b) only if the spouse has no gross income and is not the dependent of another taxpayer. For the reasons discussed in issue (6) infra, the issue regarding the exemption for Mr. Mischel is moot. Issue (5): Earned Income Credit As relevant herein, section 32(d) provides that a married individual is entitled to the earned income credit only if a joint return is filed. Because petitioner did not file a joint return, she is not entitled to an earned income credit. Issue (6): Addition to Tax Under Section 6651(a)(1) Section 6651(a)(1) imposes an addition to tax if a taxpayer fails to file a timely return, unless the taxpayer's failure is due to reasonable cause and not due to willful neglect. The addition is based on the amount required to be shown as tax on the return. Petitioner is not liable for the addition to tax under section 6651(a)(1) because the amount required to be shown as tax on her return was zero. The following calculation shows why this is true: Income $9,626.50 Less: standard deduction -3,000.00 $6,626.50 Less: personal exemption -2,300.00 $4,326.50 Less: dependency exemptions -6,900.00 Taxable income -0- Tax -0-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011