Mary K. Malone - Page 3

                                        - 2 -                                         
               This case was commenced in response to a final notice                  
          denying petitioner’s request for relief under section 6015(f)               
          with respect to unpaid taxes on a joint return filed by                     
          petitioner and her former spouse for 1998.                                  
                                     Background                                       
               Some of the facts have been stipulated, and the stipulated             
          facts are incorporated in our findings by this reference.                   
               Petitioner and Mark D. Malone (Malone) were married on                 
          August 12, 1978.  In February 1999, petitioner filed a petition             
          seeking dissolution of her marriage to Malone.  A Stipulation               
          executed by petitioner and Malone in July 1999 included the                 
          following paragraph:                                                        
                    (e) Tax Returns:  Mark’s attorney shall convey to                 
               Mary’s attorney the 1998 joint income tax returns                      
               prepared by Vercamp & Malone, CPAs.  Mary and her                      
               counsel shall promptly review said returns upon receipt                
               of same and Mary shall execute said joint returns.                     
          A Judgment & Decree of Dissolution of Marriage (the decree) was             
          filed December 26, 2000, in the Circuit Court of Phelps County,             
          Missouri.  The decree included the following provision:                     
                                 1998 TAX LIABILITY                                   
                    The Court finds that Petitioner had $2,418.00                     
               intercepted from her 1999 tax refund to apply to joint                 
               taxes for 1998, of which Petitioner’s income was                       
               approximately 5 percent of adjusted gross income.                      
               * * * [Malone] is ordered to pay back to Petitioner                    
               95 percent of said amount, in the amount of $2,297.10                  
               by December 1, 2000.  If the parties receive a refund                  
               for tax year 1998, state and/or federal, then any                      
               refund shall be the sole and separate property of * * *                
               [Malone].                                                              





Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011