- 5 - liability, respondent pointed out that the earlier determination erroneously computed petitioner’s liability under the community property rules. Section 6015(a) provides that a determination under this section is to be made without regard to community property rules. Petitioner is divorced. On the 1994 return, $65,580 is income from Schedule E, Supplemental Income and Loss, from intervenor’s S corporation, Construction Planning & Management, Inc. The rest of the income is from petitioner’s wages as a fitness instructor of $4,434, an annuity distribution to her of $1,076, and unemployment compensation to her of $3,510. Petitioner also had a loss of $2,610 as reported on her Schedule C, Profit or Loss From Business. Petitioner had withholding of $688 and intervenor made estimated payments of $883. Respondent concluded that the underpayment of tax was due to intervenor’s failure to make estimated payments on his income. Intervenor strictly controlled the family finances and had total control over the moneys. He also prepared all the tax returns and presented a completed return to petitioner and told her to “sign this.” Petitioner stated that she had no reason to believe that intervenor was not paying taxes on moneys he earned. She also stated that she did not have any knowledge or belief that the taxes had not been paid. Respondent gave petitioner thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011