John D. Shea - Page 3




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               Respondent determined that petitioner substantially                    
          underreported gross receipts during the years in issue based on             
          deposits made to petitioner's bank accounts.  After concessions,            
          the issues for decision are whether petitioner has substantiated            
          business deductions claimed on his 1990, 1991, and 1992 Federal             
          income tax returns and whether petitioner is entitled to the                
          benefit of California's community property law in calculating his           
          1992 income tax liability.1  In order to decide the second issue,           
          we must determine whether respondent's reliance on section 66(b)2           
          to disregard the community property law of California raises a              
          "new matter" on which respondent bears the burden of proof and,             
          if so, whether respondent has met that burden.                              
               Some of the facts have been stipulated and are so found.               
          The first, second, third, and fourth stipulations of fact are               
          incorporated herein by this reference.  Petitioner's legal                  
          residence was in Campbell, California, at the time he filed his             
          petitions.  For convenience, we will combine our findings of fact           
          with our opinion.                                                           


               1Petitioner does not dispute that the addition to tax and              
          accuracy-related penalties apply to the deficiencies that result            
          from this opinion.                                                          
               2Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  




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