Andrew J. Zoglman - Page 4

                                        - 4 -                                         
          payments, and she continued to do so for the remainder of the               
          year.  The house was later sold, and the parties split the sale             
          proceeds.                                                                   
               During 1996, petitioner was aware that Ms. Morrison received           
          monthly benefits.  Petitioner also knew that Ms. Morrison had               
          applied for and received a lump-sum benefit award separate from             
          her monthly benefits and that a portion of that award was used to           
          pay her divorce attorney.                                                   
               During 1997, petitioner and Ms. Morrison agreed to file a              
          joint Federal income tax return for the 1996 tax year.  Their tax           
          return was professionally prepared by Mr. James West.  Petitioner           
          and Ms. Morrison met with Mr. West to discuss the joint tax                 
          return and to deliver documentation to facilitate the return                
          preparation.  At this meeting Ms. Morrison presented to Mr. West            
          her Form SSA 1099--Social Security Benefit Statement (benefit               
          statement), which detailed the benefits she received during 1996.           
          Upon reviewing the benefit statement, Mr. West incorrectly told             
          the parties that the entire benefit award was not taxable.  Mr.             
          West returned the benefit statement to Ms. Morrison and did not             
          use it in the preparation of the joint return.                              
               Petitioner’s motivation for filing a joint return was to               
          gain the benefit of Ms. Morrison’s and her family’s exemptions              
          and itemized deductions in order to offset his taxable income.              
          The joint return was initially audited by respondent during 1997,           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011