- 11 - regarding the new basis. Shea v. Commissioner, 112 T.C. 183 (1999). Here, the relevant issues raised by respondent's notices of deficiency for petitioner's failing to file include: Petitioner's unreported income, the filing status of petitioner, the number of exemptions petitioner is allowed, and the related additions to tax. The notices of deficiency fail to mention community property law, section 66(b), or facts which would allow respondent to invoke section 66(b). Since the notices of deficiency do not describe section 66(b) as respondent's basis for disallowing the benefits of community property law to petitioner, and different evidence will be necessary to resolve the section 66(b) issue, respondent must bear the burden of proof regarding application of section 66(b). See Shea v. Commissioner, supra. Respondent contends that the following facts demonstrate that petitioner acted as if he were solely entitled to the income. First, respondent posits that petitioner had complete control and dominion over his income for the taxable years 1991, 1992, and 1993. Second, respondent alleges that the fluctuation in the amounts petitioner sent to his former spouse for her support and the support of their children in 1991, 1992, and 1993, is further indication that petitioner acted as though he were solely entitled to the income. Third, respondent allegesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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