Ozie R. M. Quarterman - Page 16

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          liability after respondent’s adjustment to the tax liability                
          reflected on the 1994 joint return; (2) we have no reason to                
          disbelieve petitioner’s contention that the retained 1994 return            
          is, in fact, a retained copy of the 1994 joint return, i.e.,                
          there was nothing in petitioner’s demeanor during trial and there           
          is nothing in the record to suggest that she would deliberately             
          fabricate a return copy in order to slightly reduce an already              
          modest ($185) addition to tax; (3) respondent failed to introduce           
          into evidence either the filed 1994 joint return or a printout of           
          his “computer records” of petitioner’s 1994 account in order to             
          clarify the actual amount of tax shown on the 1994 joint return.            
          That failure gives rise to the presumption that either document,            
          if produced, would have been unfavorable to respondent.  Wichita            
          Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946),            
          affd. 162 F.2d 513 (10th Cir. 1947).                                        
               Because respondent is taxing petitioner on a separate return           
          basis for 1995, “the tax shown on” the 1994 joint return for                
          purposes of applying the section 6654(d)(1)(B)(ii) safe harbor is           
          the portion of the $1,585 joint tax liability for 1994 that                 
          results from multiplying $1,585 by the ratio of what would have             
          been petitioner’s separate return tax liability for 1994 to what            
          would have been petitioner’s and Mr. Quarterman’s combined                  









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