112 T.C. No. 14 UNITED STATES TAX COURT JOHN D. SHEA, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 10841-95, 23549-96. Filed April 1, 1999. P and his wife filed joint returns for 1990 and 1991. P submitted a delinquent return for 1992 that was filed as a joint return. R determined that P underreported business receipts for 1990, 1991, and 1992 based on deposits to P's bank accounts and also disallowed business deductions claimed on P's returns. In the notice of deficiency for 1992, R determined that P's proper filing status for 1992 was married filing separately. Even though P and his wife remained married throughout 1992, R did not allocate one-half of P's income for 1992 to P's wife pursuant to California community property law. Sec. 66(b), I.R.C., authorizes R to disallow the benefits of any community property law to P if P acted as if he were solely entitled to the income in question and failed to notify his wife of the nature and amount of such income. On brief, R relies exclusively on sec. 66(b), I.R.C., as justification for denying the benefits of community property law to P. However, R's notice of deficiency contained no reference to sec. 66(b), I.R.C., nor did it refer to any facts that would support a sec. 66(b),Page: 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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