Gerald Dennis Strong - Page 10




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          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.                           





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