Guy Nathaniel Gay, Jr., Petitioner and Kimberly S. Gibson, Intervenor - Page 5

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          conference, petitioner and intervenor entered into an agreement             
          on July 9, 2001.  This agreement provided that                              
               Defendant [intervenor] shall assume full financial                     
               responsibility and shall pay the 1998 income tax liability,            
               penalties and interest which currently total approximately             
               $10,500.00.  Defendant shall indemnify Plaintiff                       
               [petitioner] and shall hold him harmless for the payment of            
               said tax liability.                                                    
          This provision was incorporated into an Equitable Distribution              
          Consent Order and Judgment filed by the State court on May 17,              
          2002.                                                                       
               Petitioner and intervenor filed a joint Federal income tax             
          return for taxable year 1998.  The return was prepared by a                 
          return preparer, Jay Martin, before it was signed by petitioner             
          and intervenor.  Mr. Martin was an acquaintance of intervenor and           
          primarily dealt with her rather than petitioner in preparing the            
          return.  Due to an error by Mr. Martin, the $14,399 earned by               
          intervenor in 1998 was not reported on the return.  For an                  
          unknown reason, the $805 in income which intervenor earned in               
          1998 and which was reported on a Form 1099-MISC also was not                
          reported on the return.  Neither petitioner nor intervenor                  
          thoroughly reviewed the return, and neither corrected the omitted           
          items of income, prior to signing the return.                               
               Only what appears to be a portion of the statutory notice of           
          deficiency is in the record.  The notice recites the following              
          items of income as nonemployee compensation paid to petitioner              
          and intervenor:                                                             





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