William A. Swann and Judith A. Swann - Page 2




                                        - 2 -                                         
          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.                                            
               On April 15, 1999, petitioners filed jointly a Federal                 
          income tax (tax) return for their taxable year 1998 (1998 joint             
          return).  In their 1998 joint return, petitioners reported total            
          income of $0, total tax of $0, and claimed a refund of $915.18 of           
          tax withheld.  Petitioners attached to their 1998 joint return              
          Form W-2, Wage & Tax Statement, reporting wages, tips, and other            
          compensation of $24,724.88.  Petitioners also attached a document           
          to their 1998 joint return (petitioners’ attachment to their 1998           
          joint return) that contained statements, contentions, and argu-             
          ments that the Court finds to be frivolous and/or groundless.2              
               On July 14, 2000, respondent issued to petitioners a notice            
          of deficiency (notice) with respect to their taxable year 1998,             
          which they received.  In that notice, respondent determined a               
          deficiency in, and an accuracy-related penalty under section                
          6662(a) on, petitioners’ tax for their taxable year 1998 in the             

               2Petitioners’ attachment to their 1998 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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