Malcolm Crow - Page 3




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          summary judgment.                                                           
          Background                                                                  
               A.  Petitioner’s Form 1040 for 1997                                    
               On or about April 29, 1998, Malcolm Crow (petitioner) and              
          his wife Carey Crow2 submitted to respondent a joint Form 1040,             
          U.S. Individual Income Tax Return, for the taxable year 1997.  On           
          the Form 1040, petitioner listed his occupation as “estimator”.             
               Petitioner entered zeros on applicable lines of the income             
          portion of the Form 1040, specifically including line 7 for                 
          wages, line 22 for total income, lines 32 and 33 for adjusted               
          gross income, and line 38 for taxable income.  Petitioner also              
          entered zeros on line 39 for tax and on line 53 for total tax.              
          Petitioner then claimed a refund equal to the amount of Federal             
          income tax that had been withheld from wages.                               
               Petitioner attached to the Form 1040 three Forms W-2, Wage             
          and Tax Statements, disclosing the payment of wages during the              
          taxable year in issue.  The first Form W-2 was from Lynx                    
          Construction of Henderson, Nevada; it disclosed the payment of              
          wages to petitioner in the amount of $27,666.30 and the                     
          withholding of Federal income tax in the amount of $1,609.  The             
          second Form W-2 was also from Lynx Construction of Henderson                
          Nevada; it disclosed the payment of wages to petitioner’s wife in           

               2  Carey Crow is not a party to the present proceeding,                
          having failed to file with the Court a petition for lien or levy            
          action.  See infra “F”.                                                     





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