Ozie R. M. Quarterman - Page 10

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          Mr. Quarterman may have filed joint returns for taxable years               
          other than 1995, we have found that they did not elect to file a            
          1995 joint return under section 6013(a) and section 1.6013-1(a),            
          Income Tax Regs.  Therefore, respondent could not issue a “joint            
          notice” under section 6212(b)(2), which is only applicable “[i]n            
          the case of a joint income tax return filed by husband and                  
          wife”.7                                                                     
          III.  Respondent’s Attribution of Interest Income to Petitioner             
               Petitioner argues on brief that the $279 of interest                   
          attributed to petitioner by respondent in the notice of                     
          deficiency (the interest) constituted interest on a joint bank              
          account and that only one-half of that interest is includable in            
          petitioner’s income.8  Statements in briefs do not constitute               
          evidence, Rule 143(b), and there is no evidence in the record to            
          support petitioner’s allegation on brief that the interest was              
          generated by a bank account jointly owned by petitioner and                 



               7  The notice lists petitioner’s filing status as “single”,            
          and the $3,390 tax deficiency determined therein on the basis of            
          $22,604 of taxable income is computed under the 1995 rate                   
          schedule applicable to single taxpayers.  Respondent has failed             
          to explain his application of the rate tables applicable to                 
          single individuals and not the rate tables applicable to married            
          persons filing separately.  Compare sec. 1(c) with sec. 1(d).               
          Because respondent does not argue for an increase in the                    
          deficiency determined in the notice, we do not undertake to                 
          correct respondent’s computation of that deficiency.                        
               8  In certain circumstances, the income from jointly held              
          property is taxed one-half to each co-owner.  See, e.g., Greene             
          v. Commissioner, 7 T.C. 142, 152 (1946); Sarnow v. Commissioner,            
          T.C. Memo. 1979-452.                                                        



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