Mary Ann and William J. Garbett - Page 2




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               After a concession by respondent,1 the issue for decision is             
          whether the Court has jurisdiction to grant the relief requested              
          by petitioners.  We hold that we do not.                                      
                                                                                       
                                   FINDINGS OF FACT                                     
               The parties stipulated a copy of petitioners’ income tax                 
          return for 1996, but did not stipulate any other documents or to              
          any facts.                                                                    
               Petitioners resided in San Jose, California, at the time                 
          that the petition was filed with the Court.                                   
               Petitioners timely filed an income tax return for 1996,                  
          utilizing Form 1040EZ for that purpose.  On their return,                     
          petitioners reported the wages earned by petitioner Mary Ann                  
          Garbett as a data entry operator for Santa Clara County                       
          ($29,565.84).  Petitioners then reduced their income by $11,800,              
          representing two personal exemptions (2 x $2,550) and the                     
          standard deduction applicable to a married couple filing jointly              
          ($6,700), reporting taxable income in the amount of $17,765.84.               
          Utilizing the tax table, petitioners reported tax liability in                
          the amount of $2,666 and then, based on tax withheld from the                 






          1  Respondent concedes that petitioners are not liable for                    
          any deficiency in income tax for the year in issue.                           




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