Linda Marie Sherbo - Page 8




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          indicate that Mr. Sherbo had a higher adjusted gross income than            
          petitioner in both 1995 and 1996.  Consequently, if Mr. Sherbo              
          and petitioner both shared the same principal place of abode                
          along with their children during the taxable years in issue, only           
          Mr. Sherbo would be eligible to claim earned income credit with             
          respect to both Liane and Sean in both 1995 and 1996.  Whether              
          respondent's litigation position was substantially justified thus           
          turns on whether respondent had reasonable grounds to conclude              
          that petitioner and Mr. Sherbo may have shared the same household           
          in 1995 and 1996.                                                           
               Both petitioner and Mr. Sherbo's tax returns for these years           
          provide the same mailing address.  Furthermore, petitioner listed           
          Mr. Sherbo as a member of her household in her December 23, 1997,           
          reply to respondent's request for information.  It was not until            
          her reply to respondent's March 2, 1998, letter proposing changes           
          to petitioner's 1995 and 1996 tax liability that petitioner                 
          indicated Mr. Sherbo used her address only for mailing purposes             
          and did not actually live with her during the years in issue                
          except for 4 months in 1996.  Petitioner, however, did not                  
          substantiate this claim with any corroborating evidence.                    
               Although petitioner enclosed with her reply copies of a Form           
          8332 as requested by respondent and wage withholding records,               
          this evidence does not establish that petitioner was entitled to            
          the earned income credit at issue.  The Form 8332 provided by               





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