- 100 - the taxable year. Qualified earned income is defined as an amount equal to the excess of (a) the earned income of the spouse for the taxable year, over (b) an amount equal to the sum of certain deductions allowable under section 62 and properly allocable to or chargeable against earned income. See sec. 221(b). Respondent determined that both Frank and Katherine were involved in Katherine’s palmistry business and, thus, allowed a $3,000 married couples deduction for each of 1983 through 1986. We have found that Frank was not actively involved in Katherine’s palmistry business but was retired during the years 1983 through 1986. He had no earned income for those years. Consequently, we hold that Frank and Katherine are not entitled to the married couples deduction for 1983 through 1986. I. Additions to Tax and Penalties 1. Sections 6653(b) and 6663 Respondent also determined additions to tax for fraud under section 6653(b)(1) and (2) for 1983, 1984, and 1985; under section 6653(b)(1)(A) and (B) for 1986 and 1987; and under section 6653(b)(1) for 1988; and penalties for fraud under section 6663 for 1989 and 1990. For 1983, 1984, and 1985, section 6653(b)(1) imposes an addition to tax equal to 50 percent of any underpayment in tax if any part of the underpayment was due to fraud, and section 6653(b)(2) imposes a separate additionPage: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
Last modified: May 25, 2011