Mitchell S. Wiest - Page 15




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         1994 return, we find his bare assertions, without any other                  
         support, an insufficient basis on which to attempt an allocation             
         of the five dependency exemptions to him, especially in light of             
         the fact that Ms. Wiest had income of $42,234, as compared to his            
         income of $29,904, in 1994.  If no allocation is attempted, the              
         benefit of the five exemptions is effectively split equally                  
         between petitioner and Ms. Wiest, since the total liability for              
         1994 reflects the benefit of the dependency exemptions claimed on            
         the return and accepted.  In the circumstances of this case,                 
         splitting the benefit of the five dependency exemptions equally              
         is appropriate.                                                              
              Using the foregoing principles, petitioner’s and Ms. Wiest’s            
         respective shares of the underpayment could fairly be apportioned            
         as follows.  The gross income of $72,138 reported on the 1994                
         return consisted of petitioner’s wages of $29,904 and Ms. Wiest’s            
         wages of $42,234.  The reported total tax liability was $8,675.              
         Petitioner’s share of the total tax liability was $3,596                     
         (($29,904 � $72,138) x $8,675), and Ms. Wiest’s was $5,079                   
         (($42,234 � $72,138) x $8,675).  Petitioner’s share of the                   
         underpayment equals his share of the total liability ($3,596)                
         less his withholdings ($2,696), or $900.  The remaining portion              
         of the underpayment ($3,162) is attributable to Ms. Wiest.  We               
         therefore reject petitioner’s contention that the underpayment is            
         entirely attributable to Ms. Wiest, as well as respondent’s                  






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