Linda Marie Sherbo - Page 3




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               Respondent, unable to determine which parent was entitled to           
          the earned income credit, issued "whipsaw" notices of deficiency            
          for the 1995 and 1996 tax years to petitioner and Mr. Sherbo.1              
          The notices of deficiency disallowed the earned income credit to            
          both petitioner and Mr. Sherbo.  Petitioner filed a timely                  
          petition objecting to the notices of deficiency and seeking a               
          redetermination.  Mr. Sherbo defaulted on the notices of                    
          deficiency for 1995 and 1996.  The Appeals officer assigned to              
          petitioner's case thereafter recommended that petitioner be                 
          allowed the earned income credit for both 1995 and 1996 as                  
          claimed on her tax returns on the basis that Mr. Sherbo could no            
          longer claim earned income credit for either of the years in                
          issue.                                                                      
               On April 12, 1999, pursuant to the stipulation of the                  
          parties, the Court entered an agreed decision reflecting that no            
          deficiencies or overpayments are due.  On May 6, 1999, petitioner           
          filed a Motion to Vacate Decision and lodged a Motion for Award             
          of Attorney's Fees.  On May 10, 1999, the Court issued an Order             
          granting petitioner's Motion to Vacate Decision, ordering the               



               1 By issuing notices of deficiency to both petitioner and              
          Mr. Sherbo, respondent has ensured the comprehensive resolution             
          of petitioner and her former husband's inconsistent treatment of            
          the qualifying children and the resulting earned income credits.            
          See Wickert v. Commissioner, T.C. Memo. 1986-277, affd. 842 F.2d            
          1005 (8th Cir. 1988); Deutsch v. Commissioner, T.C. Memo. 1997-             
          470 n.4.                                                                    





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