- 10 - W-2), claimed the entire withholding as an overpayment, and directed that the entire overpayment be “Applied to Prior Taxes”. Petitioner filed this tax return on October 16, 1995.4 As of that date, petitioner and Mary were separated, but still legally married. Petitioner signed Mary’s name on the tax return. Mary did not prepare a separate tax return for 1994 at that time because she understood that petitioner was preparing a joint tax return for them in accordance with the way their joint tax returns had been prepared up to that time. This pattern continued until August 1997. Sometime during 1993, petitioner met with agents of the Criminal Investigation Division of the Internal Revenue Service to discuss his income tax liability. In July of 1996, petitioner was tried and convicted of failing to file Federal income tax returns for 1989, 1990, and 1991, in violation of section 7203.5 In August of 1997, respondent was in the process of conducting a civil audit of the joint tax returns petitioner and Mary filed for 1988, 1989, 1990, 1991, and 1994. Mary learned of 4Petitioner received an automatic 4-month extension for filing the 1994 tax return; he then requested and received an additional 2-month extension. Oct. 15, 1995, was a Sunday. The 1994 joint tax return was timely filed. See supra note 2. 5Mary testified that petitioner filed joint tax returns for the two of them, generally, and specifically for 1988, 1989, 1990, 1991, and 1994. The record does not indicate when these joint tax returns were filed, except for the 1994 tax return. As to the joint tax returns for 1988 through 1991, we gather that they were filed at some point before August 1997.Page: 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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