-12- purporting to make her liable for his taxes. Third, he allegedly committed fraud against the Tax Court when he filed a joint petition with this Court for a redetermination of the deficiency. Pursuant to the parties' stipulation, the Court entered a decision holding Mr. Toscano and Ms. Zelasko jointly liable for deficiencies. The Court of Appeals for the Ninth Circuit vacated the Tax Court's decision and held that Ms. Zelasko, under these circumstances, was entitled to a hearing on her allegations. In the case before us, it is undisputed that petitioners filed joint income tax returns. Petitioner was aware of respondent's adjustments to the 1975 through 1979 returns, as well as the proceeding before this Court. She knew or certainly should have known that she could be held liable for the tax deficiencies in the event we sustained respondent's adjustments to the 1975-79 returns. And most importantly, she signed the Stipulation of Settled Issues and a Stipulation of Settlement, upon which the stipulated decision document was partially based. Petitioner has not satisfied her heavy burden of proving that her purported signature on the stipulated decision affected the outcome of the case; in other words, petitioner has failed to prove that a different result might have occurred had the stipulated decision been vacated. In addition to requesting that the Court vacate the stipulated decision, petitioner requests permission to amend a petition filed 14 years ago in order to assert an "innocent spouse" defense.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011