-2- therefore does not apply to spousal joint interests created before Jan. 1, 1977. K. Bruce Friedman, for petitioner. Laurel M. Robinson, for respondent. OPINION COHEN, Chief Judge: This case was assigned to Special Trial Judge John F. Dean pursuant to section 7443A(b)(4) and Rules 180, 181, and 183.1 The Court agrees with and adopts the opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE DEAN, Special Trial Judge: This case is before us on petitioner's motion for summary judgment and respondent's cross- motion for partial summary judgment. Respondent determined a deficiency in petitioner's 1993 Federal income tax in the amount of $50,123 and an accuracy-related penalty under section 6662(a) in the amount of $10,025. The issue for decision concerns petitioner's basis in property which had been held by petitioner and her now-deceased husband in joint tenancy with right of survivorship. To resolve this issue, we must decide whether the 1981 amendment of the definition of "qualified joint interest" in section 2040(b)(2) 1Unless otherwise indicated, all section references are to the Internal Revenue Code and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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