- 13 - joint return for 1994, does not produce a meaningful ratio. In making the computation, respondent allowed petitioner a single personal exemption and no exemption for any dependent. The 1994 return claimed five dependency exemptions, which claim was accepted by respondent and is reflected in the actual 1994 liability. Obviously, the allowance of five dependency exemptions reduced the actual 1994 liability. However, in denying petitioner any benefit from the dependency exemptions in computing his hypothetical separate liability, respondent has produced a hypothetical liability that is necessarily inflated in comparison to the actual 1994 liability. Although petitioner raised the issue of the five dependents in his request for relief, and testified at trial that he provided more than half of their support in 1994, respondent never addressed the contention in the determination letter or in his posttrial brief. Respondent instead has simply treated petitioner as entitled to no adjustment with respect to dependency exemptions in calculating petitioner’s share of the unpaid liability. Since the unpaid liability reflects an allowance for five dependency exemptions, respondent’s calculation-–which effectively allocates the allowance for the five dependency exemptions to Ms. Wiest -–necessarily inflates petitioner’s share of the unpaid liability in comparison to Ms. Wiest’s. Respondent has offered no argument or evidence to support the allocation of the five dependencyPage: 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