- 12 - Thus, respondent’s denial of relief was based in part on his determination that approximately 37 percent of the underpayment was attributable to petitioner. As discussed below, respondent’s conclusion concerning petitioner’s share of the unpaid liability was arbitrary and without sound basis in fact. The determination letter contains no explanation of the computation underlying the conclusion that petitioner’s share of the underpayment was 37 percent. It is likewise silent regarding the issue of petitioner’s entitlement to claim exemptions for dependents. In his posttrial brief, respondent takes the position that the determination letter’s calculation of petitioner’s share of the unpaid tax liability was based upon a computation of his tax liability as if he had filed for 1994 using a status of married filing separately. According to respondent, petitioner’s hypothetical tax liability for 1994 so computed would have been $4,327, which, after reduction for his $2,696 withholdings, would have left an unpaid liability of $1,631--or approximately 40 percent of the actual unpaid liability ($4,062) for 1994.8 Respondent’s comparison of petitioner’s hypothetical liability as a married-filing-separately taxpayer, as reduced by his actual withholdings, to the actual unpaid liability on his 8 Respondent offers no explanation for the discrepancy between his 40-percent computation on brief and the revenue agent’s 37-percent computation in the determination letter.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011