Philip Cullen - Page 3

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          signed and filed, without duress, by petitioner and Ms. Cullen              
          was prepared by a professional tax return preparer employed by              
          petitioner and utilizing information furnished by petitioner.               
          Ms. Cullen’s Employment                                                     
               Ms. Cullen, to the personal knowledge of petitioner at the             
          time their joint 1999 Federal income tax return was prepared and            
          filed, had worked for TGY Sitters, Inc. of Pensacola, Florida               
          (TGY), during 1998 and 1999.  On cross-examination by                       
          respondent’s counsel, petitioner testified and the Court so finds           
          as follows:                                                                 
               Q.   Mr. Cullen, did you have actual knowledge that                    
                    your wife worked during 1999?                                     
               A.   Yes, I did.                                                       
               Q.   Were you aware that she worked at TGY Sitters?                    
               A.   I was.                                                            
               The Form 1099-MISC, Miscellaneous Income, issued to                    
          Ms. Cullen for 1999 by TGY indicated nonemployee compensation for           
          that year of $23,603.  However, because petitioner did not have             
          the Form 1099 and had not been informed by Ms. Cullen of the                
          exact amount of income she had received from TGY, petitioner did            
          not take any steps to ensure information concerning such income             
          was provided to the tax return preparer.  Consequently, this                
          compensation was not reflected or included in the joint tax                 
          return filed for 1999.                                                      







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