- 7 - other property acquired during petitioners’ marriage, with the exception of a big-screen television and VCR, a vacuum cleaner, a couch and matching chair, and a computer and desk that petitioner received as part of petitioners’ divorce settlement. Before petitioners separated, petitioner prepared petitioners’ 1995 joint Federal income tax return. He did not report the distributions attributable to Ms. Braden’s father as income on that return because he believed the funds to be nontaxable. Petitioner did not know the distributions consisted of IRA withdrawals and interest income, nor did he know the proper characterization of the distributions for Federal income tax purposes until he was contacted by respondent’s agent. In the notice of deficiency, respondent determined that Ms. Braden received distributions from the IRA’s of her deceased father, the taxable portion of which totaled $61,681. After allowing a $5,000 death benefit exclusion, respondent determined that petitioners failed to report $56,681 of the IRA distributions as income on their 1995 joint return. Respondent also determined that petitioners failed to report interest income of $754 on their 1995 joint return. OPINION A. Statutory Framework Section 6013(a) authorizes spouses to elect to file a joint Federal income tax return. If they elect to do so, the taxPage: Previous 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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