- 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 The record establishes and/or the parties do not dispute the following: A. Petitioners’ Form 1040 for 1997 On or about April 14, 1998, David Andrew Schmith and Kathleen Stilwell Schmith (petitioners), residents of Las Vegas, Nevada, submitted to respondent a Form 1040, U.S. Individual Income Tax Return, for the taxable year 1997. On the Form 1040, petitioner Kathleen Stilwell Schmith listed her occupation as cashier; in contrast, petitioner David Andrew Schmith did not list his occupation. Petitioners entered zeros on all of the lines of the income portion of the Form 1040, specifically including line 7 for wages, line 8a for taxable interest, line 13 for capital gain, line 19 for unemployment compensation, line 22 for total income, lines 32 and 33 for adjusted gross income, and line 38 for taxable income. Petitioners also entered zeros on line 39 for tax, lines 47 through 52 for other taxes, and line 53 for total tax. Petitioners then claimed a refund in the amount of $542.81, which was equal to the amount of Federal income tax that had beenPage: 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