Peter Spuler, Jr. - Page 5

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          August 15, 1998.2  He claimed a filing status of “married filing            
          joint return”.  Petitioner signed the 1997 return on behalf of              
          himself and Ms. Spuler.  Ms. Spuler indicated in a notarized                
          statement of October 10, 2002, that she “did not authorize * * *            
          [petitioner] to file a joint return for taxable year 1997.”                 
               The 1997 return reported total income of $169,685.  Of this            
          amount, $37,098 was attributable to wages Ms. Spuler had reported           
          in her separate return.3  The 1997 return also reported (1) a               
          self-employed health insurance deduction of $4,866, (2) a                   
          deduction for Keogh and self-employed SEP and SIMPLE plans of               
          $30,000, and (3) itemized deductions of $100,113.  With respect             
          to the 1997 return, petitioner received a refund check made                 
          payable to him and Ms. Spuler in the amount of $5,187.                      
          Petitioner endorsed the refund check with Ms. Spuler’s name and             
          deposited the proceeds.  The record does not contain credible               
          evidence that Ms. Spuler shared the proceeds of the refund.                 





               2  Petitioner testified that he had requested an additional            
          extension of time to file the 1997 return beyond Aug. 15, 1998.             
          Respondent has no record of receipt of petitioner’s request for             
          an additional extension of time to file, nor did petitioner                 
          produce a copy of such a request.                                           
               3  Ms. Spuler’s Form W-2, Wage and Tax Statement, indicated            
          wages of “$37,098.24” for the 1997 taxable year.  As indicated,             
          Ms. Spuler reported wages of $37,098 in her separate return.  In            
          contrast, the notice of deficiency included a downward adjustment           
          to petitioner’s income of “$37,099”.                                        




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