Janice L. Cardiff, f.k.a. Janice Dunn, Petitioner, and Stephen Dunn, Intervenor - Page 6

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          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 the           






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