- 4 - petitioner’s return. The $10,537 adjusted gross income reported on her return takes into account the above items of income and the loss reported on the Schedule C. A personal exemption deduction, a dependency exemption deduction for an individual not listed on the return, and the standard deduction applicable to a head of household are subtracted from the adjusted gross income and result in reported taxable income of $2,237. Applying the section 1 income tax rate applicable to a head of household, petitioner’s spouse reported an income tax liability of $336, which was reduced to zero by a claimed credit for child and dependent care expenses. The $1,344 refund claimed on the return consists of an $804 earned income credit, plus $540 of Federal income tax withholdings. Petitioner’s 1988 Federal income tax return was examined. As a result, respondent issued a notice of deficiency in which a deficiency of $8,118 in petitioner’s 1988 Federal income tax was determined. It appears that the deficiency results from the disallowances of the earned income credit and the deductions claimed on the Schedules C. The details of the examination and deficiency determination cannot be determined with precision because respondent’s administrative file has been destroyed.3 3 According to respondent, the file was destroyed “in the ordinary course of business”. We interpret this to mean that the destruction of the file was consistent with respondent’s record retention requirements. In any event, petitioner does not claim that the file was destroyed for other reasons.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011