- 3 - summary judgment. Background A. Petitioner’s Form 1040 for 1997 On or about April 15, 1998, Harvey Doyne Perry, Jr. (petitioner), and his wife DeAnna H. Perry2 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 “R.N.”. 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 made no entry on line 39 for tax, but he did enter a zero on line 53 for total tax. Petitioner then claimed a refund in the amount of $10,523.92, which was equal to the amount of Federal income tax that had been withheld from his wages. Petitioner attached to his Form 1040 four Forms W-2, Wage and Tax Statement, disclosing the payment of wages to him during the taxable year in issue. The first Form W-2 was from AAA Home Health Care of Las Vegas, Nevada; it disclosed the payment of wages to petitioner in the amount of $59,318 and the withholding of Federal income tax in the amount of $9,275.40. The second 2 DeAnna H. Perry did not file with the Court a petition for lien or levy action. See infra “F”. Accordingly, she is not a party to the present proceeding.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011