David J. Price - Page 2

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          versions of the Internal Revenue Code.  Dollar amounts are                  
          rounded.                                                                    
                                  FINDINGS OF FACT1                                   
               Some facts were stipulated.  The stipulated facts and the              
          accompanying exhibits are incorporated herein by this reference.            
          We find the stipulated facts accordingly.  Petitioner resided in            
          New Baltimore, Michigan, when his petition was filed.                       
               In 1992, petitioner married Lisa M. Price (Ms. Price)                  
          (collectively, the Prices).  They experienced marital disputes              
          during 1996, separated in or about 1997, and divorced on November           
          19, 1998.  The Prices were represented by separate legal counsel            
          during the course of their divorce proceeding.                              
               The Michigan circuit court (circuit court) that presided               
          over the divorce proceeding entered a judgment of divorce that              
          ordered and adjudged that the Prices file joint Federal, State,             
          and local income tax returns for 1992 through 1996.  The judgment           
          also stated that 100 percent of any tax refund as to those years            
          would go to Ms. Price and, should Mr. Price fail to sign releases           
          or cooperate in the referenced joint filings, that Ms. Price had            
          the exclusive right to file those joint returns on their behalf.            


               1 At trial, petitioner testified in support of his claim for           
          equitable relief.  On the basis of the record as a whole,                   
          including our observation and perception of petitioner when he              
          testified, we find petitioner’s testimony incredible and decline            
          to rely upon it to support his position herein.  Neonatology                
          Associates, P.A. v. Commissioner, 115 T.C. 43, 84 (2000), affd.             
          299 F.3d 221 (3d Cir. 2002).                                                




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