Nathan T. OLPIN - Page 4




                                        - 4 -                                         

               The IRS' tax account transcripts for the 1995 tax year                 
          originally recorded the receipt of the purported return as the              
          filing of a joint income tax return by petitioner and Mrs. Olpin.           
          The IRS, however, on or about September 14, 1998, "reversed" its            
          original processing of the purported return to reflect that a               
          valid return was not filed by petitioner.                                   
               Although Mrs. Olpin stated in a sworn affidavit that in 1996           
          she intended to file a joint income tax return with petitioner              
          for tax year 1995, Mrs. Olpin signed and filed an individual                
          Federal income tax return with a filing status of married filing            
          separately for tax year 1995 on or about February 9, 1998.  In              
          her affidavit, Mrs. Olpin explained that during the course of a             
          chapter 13 bankruptcy proceeding that she initiated, the IRS                
          filed a proof of claim asserting a tax liability for the 1995 tax           
          year.  Mrs. Olpin further explained that the proof of claim was             
          based upon unreported income for Nathan Olpin and upon an                   
          unsigned joint tax return for the year in issue.  Mrs. Olpin's              
          affidavit also stated that because she had no independent                   
          knowledge of petitioner's income and had not seen the unsigned              
          tax return, she signed and filed a separate 1995 individual                 
          Federal income tax return at the suggestion of the IRS.                     
               Petitioner nevertheless contends that he and Mrs. Olpin                
          filed a valid joint Federal income tax return for the 1995 tax              
          year.  He argues that the subsequent filing of a separate Federal           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011