- 17 - than a zero basis. Nonetheless, he did not offer any specific figures in his testimony and did not produce any documentation regarding how, when, or at what prices he obtained the shares. Thus, absent any data in the record which would support a recalculation of petitioner’s capital gains, we hold petitioner to the $10,490 and $9,227 figures stated on his returns. IV. Filing Status The filing status of an individual for income tax purposes is determined as of the close of the taxable year. Sec. 7703(a)(1). In applying this rule, however, an individual legally separated from his or her spouse will not be considered as married. Sec. 7703(a)(2). Here there appears to be a dispute between the parties regarding whether petitioner’s filing status for 1992 should be single or married filing separate. The parties have stipulated that petitioner was married on August 19, 1990; that he and his wife separated on January 15, 1993; and that the couple did not file joint returns in 1990, 1991, or 1992. Accordingly, respondent has acknowledged on brief that petitioner’s filing status was single for tax years prior to 1990. In addition, the parties have stipulated that petitioner’s filing status was married filing separate in 1990 and 1991. It is respondent’s position that married filing separate is the appropriate status for 1992 as well. Petitioner, on the other hand, has refused to agree to a stipulation to such effect. YetPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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