- 3 - As explained in detail below, there is no genuine issue as to any material fact, and a decision may be rendered as a matter of law. Accordingly, we shall grant respondent’s motion for summary judgment. Background A. Petitioner’s Form 1040 for 1997 On or about April 23, 1998, Willie R. Davidson (petitioner) and his wife, Dawn F. Davidson, submitted to respondent a Form 1040, U.S. Individual Income Tax Return, for the taxable year 1997. On the Form 1040, the Davidsons listed their filing status as “married filing joint return” and described their occupations as “Tel Com. Employee”. The Davidsons entered zeros on applicable lines of the income portion of their Form 1040, specifically including line 7 for wages, line 22 for total income, and lines 32 and 33 for adjusted gross income. The Davidsons also entered a zero on line 53 for total tax. The Davidsons attached to their Form 1040 two Forms W-2, Wage and Tax Statement, issued to them by Sprint/Central Telephone-Nevada, and a Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit Sharing Plans, IRAs, Insurance Contracts, etc., issued to petitioner by Northern Trust Co. The Form W-2 issued to petitioner discloses that petitioner was paid wages in the amount of $48,701.01 and that there was noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011