- 3 - 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.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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