George R. and Karen S. Kemper - Page 2

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          motion.                                                                     
                                    Background                                        
               The record establishes and/or the parties do not dispute the           
          following.                                                                  
               Petitioners resided in Las Vegas, Nevada, at the time they             
          filed the petition in this case.                                            
               Sometime between December 30, 1996, and January 6, 1997,               
          petitioners filed jointly a Federal income tax (tax) return for             
          their taxable year 1995 (1995 joint return).  In their 1995 joint           
          return, petitioners reported total income of $0 and total tax of            
          $0 and claimed a refund of $7,618.21 of tax withheld.  Petition-            
          ers attached to their 1995 joint return two Forms W-2, Wage and             
          Tax Statement (Form W-2), reporting wages, tips, and other                  
          compensation totaling $46,259.  Petitioners also attached a                 
          document to their 1995 joint return (petitioners’ attachment to             
          their 1995 joint return) that contained statements, contentions,            
          and arguments that the Court finds to be frivolous and/or ground-           
          less.2                                                                      
               On or about April 15, 1997, petitioners filed jointly a tax            
          return for their taxable year 1996 (1996 joint return).  In their           
          1996 joint return, petitioners reported total income of $0 and              

               2Petitioners’ attachment to their 1995 joint return is very            
          similar to the documents that certain other taxpayers with cases            
          in the Court attached to their tax returns.  See, e.g., Copeland            
          v. Commissioner, T.C. Memo. 2003-46; Smith v. Commissioner, T.C.            
          Memo. 2003-45.                                                              





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