Nathan T. OLPIN - Page 2




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          Revenue Code in effect for the year in issue, and all Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            
               Respondent determined a deficiency of $6,092 in petitioner's           
          1995 Federal income tax based on a finding that petitioner had              
          not filed a valid 1995 Federal income tax return and that                   
          petitioner's proper filing status was married filing separately.            
          Petitioner resided in Salt Lake City, Utah, at the time he filed            
          his petition.                                                               
               Petitioner moves for summary judgment in his favor, arguing            
          that as a matter of law, he filed a valid 1995 joint Federal                
          income tax return with his former spouse and that he is entitled            
          to joint filing status.  Respondent initially objected to                   
          petitioner's motion, arguing that there was a genuine issue of              
          fact regarding the intent of petitioner's former spouse to file a           
          joint return.  Both parties agreed, however, during a subsequent            
          conference call with the Court that there are no genuine issues             
          of material fact with respect to the issue of whether petitioner            
          filed a valid 1995 Federal income tax return.  Respondent filed a           
          cross-motion for summary judgment focusing on the requirements of           
          a valid return.                                                             
               The sole issue presented for summary judgment is whether               
          petitioner filed a valid 1995 Federal income tax return.                    
               Although there has been no stipulation of facts, we set                
          forth a summary of facts relevant to our discussion, which from             





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