T.C. Memo. 2001-103 UNITED STATES TAX COURT GERALD DENNIS STRONG, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 582-99. Filed April 30, 2001. P and his spouse were separated but legally married when P prepared and filed a document as their joint 1994 income tax return, which P signed on behalf of his spouse. Later, P filed a petition for bankruptcy. R filed a proof of claim in P’s bankruptcy case alleging, inter alia, a deficiency for 1994 arising largely from P’s failure to include income P received under a settlement agreement between P and P’s former employer. P objected and contended that the amounts received under the settlement agreement were excludable from gross income under sec. 104(a)(2), I.R.C. 1986. The bankruptcy court overruled P’s objection and allowed R’s claim for P’s 1994 tax liability. In the instant case, R raises the affirmative defense of res judicata, but not as to whether the 1994 tax return was a joint tax return or was P’s separate tax return. 1. Held: R sustained as to res judicata. 2. Held, further, the income tax return filed for 1994 was intended by P and his spouse to be their joint incomePage: 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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