Mitchell S. Wiest - Page 14




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         exemptions to Ms. Wiest, in the face of petitioner’s claim that              
         he was providing over half the children’s support.  In this                  
         circumstance, respondent’s calculation is arbitrary and without              
         sound basis in fact, as is his conclusion that the 1994 unpaid               
         liability is 37 percent (or 40 percent) attributable to                      
         petitioner.                                                                  
              Because respondent’s computation of the share of the unpaid             
         liability attributable to petitioner was arbitrary, we shall                 
         consider attribution based on the record before us.  We believe a            
         computation of petitioner’s and Ms. Wiest’s respective shares of             
         the 1994 underpayment is mostly straightforward.  Since they each            
         reported only wage income and jointly claimed the standard                   
         deduction and their two personal exemptions, each spouse’s share             
         of reported gross income would, in the absence of other factors,             
         equal his or her share of the total liability.  Each spouse’s                
         withholdings could then be compared with his or her share of the             
         total liability to derive their respective shares of the                     
         underpayment.                                                                
              A complicating factor arises with respect to the five                   
         dependency exemptions claimed on the 1994 return.  Respondent’s              
         acceptance of the 1994 return establishes the entitlement of                 
         petitioner and Ms. Wiest, jointly, to five dependency exemptions.            
         Although petitioner contends that he was providing more than half            
         the support of the five children claimed as dependents on the                






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