- 2 -- 2 - Rule references are to the Tax Court Rules of Practice and Procedure. The issues for decision are: (1) Whether petitioner is entitled to miscellaneous itemized deductions in excess of amounts conceded by respondent, and (2) whether petitioner is liable for an accuracy-related penalty under section 6662(a). FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. Petitioner resided in Spring Valley, California, when the petition in this case was filed. Petitioner and Judy Barber (Ms. Barber) were married in October 1994. Consequently, petitioner resided with Ms. Barber until April 11, 1995. On April 11, 1995, petitioner moved out of the marital home because of marital difficulties. Petitioner's marriage to Ms. Barber was annulled on September 21, 1995. Petitioner and Ms. Barber filed a joint Federal income tax return for the year 1994. On their 1994 Federal income tax return, petitioner and Ms. Barber claimed miscellaneous itemized deductions of $37,066. In the case of an individual, the miscellaneous itemized deductions for any taxable year shall be allowed only to the extent that the aggregate of such deductions exceeds 2 percent of the adjusted gross income. See sec. 67(a).Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011