- 5 - Respondent determined that under section 66(b) petitioner should have included 100 percent of his income on the return.3 Section 66(b) allows respondent to deny petitioner the benefit of community property laws with respect to any income if the following requirements are satisfied: (1) The taxpayer acted as if solely entitled to such income, and (2) the taxpayer failed to notify his spouse of the nature and amount of such income before the due date of the return. Petitioner provided Mrs. Condello with various tax documents relating to his 1992 income. These documents were intended to help Mrs. Condello prepare her 1992 return. Among these documents were petitioner's 1992 Forms W-2 and 1099. Petitioner hand-delivered these documents to Mrs. Condello before the due date of Mrs. Condello's 1992 return (i.e., April 15, 1993). We find that petitioner provided Mrs. Condello with sufficient notice of the nature and amount of his 1992 income before the due date of her return and conclude that respondent 3 On brief, respondent also argued that sec. 66(a) supported the determination. We consider sec. 66(a) to be a new matter because it would require the presentation of different evidence than the evidence required under sec. 66(b), and respondent would bear the burden of proof as to that issue. See, e.g., Achiro v. Commissioner, 77 T.C. 881, 890 (1981). Sec. 66(a) was not referenced in the statutory notice of deficiency, and respondent never amended his answer. We find that this issue is not before the Court. See Foil v. Commissioner, 92 T.C. 376, 418 (1989), affd. per curiam 920 F.2d 1196 (5th Cir. 1990); Markwardt v. Commissioner, 64 T.C. 989, 997 (1975).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011