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The inclusion of the additional $90,000 in income increased the
tax due less tax payments from the $4,143 overpayment reported on
the original 1996 return to a net tax due of $24,677, which was
reported on the amended 1996 return. The amended 1996 return was
signed by petitioner as spouse and by Mr. Benenstock as preparer.
There was no signature on behalf of the deceased Louis.
Petitioner paid the total tax due ($28,820) concurrent with
the filing of the amended 1996 return. She paid that amount from
one of her accounts with Dime Savings Bank. On February 10,
1999, in response to an IRS request for $4,334 of interest due on
the tax underpayment for 1996, petitioner mailed a check in that
amount to the IRS, drawn on her Dime Savings Bank checking
account, which was reflected as paid, on an IRS transcript, as of
February 12, 1999.
The Rosenthals
Petitioner and Louis were married in 1976. They had no
children together, but each had children (and, in the case of
Louis, grandchildren)3 from a prior marriage.
Louis owned and operated a plumbing business for more than
50 years. He retired from that business in 1994. Petitioner did
not participate in and had no knowledge of any aspect of that
business.
3 The record does not indicate whether petitioner has
grandchildren.
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