- 10 -
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.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011