Gene and Ciao Newman - Page 3




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          of law.  Accordingly, we shall grant respondent’s motion for                
          summary judgment.                                                           
          Background                                                                  
               A.  Petitioners’ Tax Returns                                           
                    1.  Taxable Years 1993 and 1994                                   
               Petitioner Gene Newman (petitioner) failed to file Federal             
          income tax returns for the taxable years 1993 and 1994.  The                
          record shows that respondent prepared substitutes for returns for           
          petitioner for the taxable years 1993 and 1994.  See sec.                   
          6020(b).                                                                    
                    2.  Taxable Years 1995, 1996, and 1997                            
               On or about April 15, 1996, April 15, 1997, and April 15,              
          1998, petitioners Gene and Ciao Newman (petitioners) submitted to           
          respondent a joint Form 1040, U.S. Individual Income Tax Return,            
          for each of the taxable years 1995, 1996, and 1997, respectively.           
          On petitioners’ Form 1040 for 1996, which form is representative            
          of petitioners’ Forms 1040 for all 3 taxable years, petitioners             
          entered zeros on applicable lines of the income portion of the              
          Form 1040, specifically including line 7 for wages, line 9 for              
          dividends, line 22 for total income, and lines 31 and 32 for                
          adjusted gross income.  Petitioners also entered a zero on line             
          38 for tax and a zero on line 51 for total tax.  Petitioners then           
          claimed a refund equal to the amount of Federal income tax that             
          had been withheld from their wages.                                         






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