Quentin Paul DeFore - Page 3

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               Respondent determined a deficiency of $2,512 in petitioner’s           
          Federal income tax for the year 2001.  The sole issue for                   
          decision is whether petitioner is entitled to relief from joint             
          liability under section 6015 for 2001 Federal income taxes.2                
               Some of the facts were stipulated.  Those facts, with the              
          exhibits annexed thereto, are so found and made part hereof.                
          Petitioner’s legal residence at the time the petition was filed             
          was Lancaster, Tennessee.                                                   
               Petitioner filed a timely 2001 Federal income tax return               
          jointly with his spouse, Debbie A. DeFore (Ms. DeFore), on April            
          15, 2002.  On November 6, 2002, petitioner and Ms. DeFore were              
          divorced by a Texas State court.  On July 28, 2003, separate                
          notices of deficiency were issued to petitioner and Ms. DeFore in           
          which respondent determined a deficiency of $2,512 in Federal               
          income tax for the year 2001.  The sole adjustment in both                  
          notices of deficiency was the inclusion in gross income of $9,877           
          that was not reported on the joint 2001 Federal income tax                  


               2    The deficiency included a determination by respondent             
          that petitioner and his former spouse, Ms. DeFore, are liable for           
          self-employment tax on Ms. DeFore’s unreported income.  The Forms           
          1099-MISC, Miscellaneous Income, Ms. DeFore failed to include               
          with her 2001 tax return stated the amounts she received were               
          nonemployment compensation, thus making her liable for self-                
          employment tax.  Petitioner bears the burden of proof on this               
          issue, and he did not contest respondent’s determination at                 
          trial; therefore, he is deemed to have conceded respondent’s                
          determination.  As a result, petitioner and Ms. DeFore’s 2001 tax           
          return will be adjusted to reflect a deduction for one-half of              
          the self-employment tax due for the year 2001.                              





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