Pamela J. Ellison - Page 17

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          Information, for 2002 from Fidelity Investments issued to                   
          petitioner with a fair market value of $4,183.39 as of December             
          31, 2002; and their 2001 joint tax return which listed adjusted             
          gross income of $92,840.                                                    
                                       OPINION                                        
          I.   Evidentiary Issue                                                      
               As a preliminary matter, we must decide whether a document             
          petitioner submitted during the trial of this case should be                
          admitted into evidence.  At trial, petitioner sought to introduce           
          a “fraud referral” memorandum for Walter J. Hoyt III (Exhibit 86-           
          P).  Respondent objected to the admission of Exhibit 86-P on the            
          grounds of authentication, relevance, and hearsay.  We reserved             
          ruling on Exhibit 86-P’s admissibility.                                     
               Petitioner failed to make any arguments regarding the                  
          admissibility of Exhibit 86-P in her opening brief.  In her reply           
          brief, petitioner stated:  “Petitioner has addressed the                    
          relevance and purpose of Exhibit 86-P in her opening brief, in              
          the context of proposed findings of fact.”                                  
               For the reasons stated in Doyel v. Commissioner, T.C. Memo.            
          2004-35 (abandonment, hearsay, lack of authenticity, relevancy,             
          and wastefulness), we do not admit Exhibit 86-P into evidence.              
          II. Section 6015 Relief                                                     
               In general, spouses filing joint Federal income tax returns            
          are jointly and severally liable for all taxes due.  Sec.                   






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