- 2 - FINDINGS OF FACT The parties have stipulated most of the facts, which we incorporate herein by this reference. When petitioner filed his petition, he resided in Bergen, New York. A. 1987 Notice of Deficiency Petitioner and his wife, Carole E. Hiltz (Carole), timely filed a joint 1987 Federal income tax return. By notice of deficiency dated December 6, 1993, respondent determined a $5,358 deficiency and a $1,340 section 6661 addition to tax with respect to petitioner and Carole’s 1987 joint tax.2 Petitioner received the notice of deficiency but did not petition the Tax Court. B. Bankruptcy Proceedings On August 12, 1992, petitioner and Carole filed a petition for chapter 11 bankruptcy in the U.S. Bankruptcy Court in the Western District of New York. On January 11, 1994, the bankruptcy court entered a final decree dismissing the chapter 11 bankruptcy case. Petitioner and Carole’s 1987 tax liability was not discharged in the chapter 11 bankruptcy case. On March 21, 1995, Carole (alone) filed a petition for chapter 7 bankruptcy. On July 7, 1995, in the chapter 7 2 The deficiency resulted from the disallowance of a claimed loss that petitioner and Carole attempted to carry back from 1990 to 1987.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011