Timothy E. Butler - Page 5

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          1994, through the end of the calendar year 1994.  Petitioner is             
          neither the adoptive father nor the foster father of James.                 
               Petitioner filed an income tax return (Form 1040) for 1993.            
          On his return for that year, petitioner claimed head-of-household           
          filing status and also claimed a total of three dependency                  
          exemptions, one each for Lynn and Robin, whom petitioner                    
          identified as his daughters, and one for Bob, whom petitioner               
          identified as his son.  Petitioner reported adjusted gross income           
          (AGI) in the amount of $34,697; i.e., the amount of his wages               
          from working as a bus driver.                                               
               Petitioner attached Schedule A (Itemized Deductions) to his            
          1993 return and claimed the following deductions:                           
               State/local income taxes                        $2,043                 
               Charitable contributions:                                              
                    contributions by cash or check     $3,000                         
                    other than by cash or check           400      3,400              
               Union dues                                         360                 
               Gambling loss                                    5,000                 
               Petitioner did not report any gambling income on his 1993              
          return.                                                                     
               Petitioner received a refund of State income tax in the                
          amount of $224 in 1993.  Petitioner did not report the receipt of           
          this refund on his 1993 return.                                             
               Petitioner failed to report rental income in the amount of             
          $5,400 on his 1993 return.                                                  
               Petitioner also filed a Form 1040 for 1994.  On his return             
          for that year, petitioner claimed head-of-household filing status           





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