David R. Braden and Sharon F. Braden - Page 7




                                        - 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 tax           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011