- 4 - reporting that petitioner was paid wages of $19,384.68 in 1998.2 Petitioner failed to pay the amount of tax reported on her 1998 return. Petitioner’s 1998 return was prepared by a professional tax preparer on October 20, 1999, and petitioner purportedly signed and dated it on October 21, 1999. However, her return was not filed until December 13, 2000, a date occurring after petitioner and Mr. Bennett were divorced. She had not previously filed an application for an extension of time to file a return. Respondent accepted petitioner’s return as it was filed and assessed the income tax liability reported therein as well as an addition to tax for filing a delinquent return, an addition to tax for failing to pay a tax shown on a return, and interest. Respondent did not issue petitioner a statutory notice of deficiency for 1998. Although petitioner was a married individual living in a community property State and filed a return as “married filing separately”, respondent did not determine or assess a tax based upon her one-half share of community income. On his separate 1998 return, also filed on December 13, 2000, Mr. Bennett reported gross income of $57,138, taxable income of $50,534, and a total tax due of $11,394. Mr. Bennett’s 2 Other third-party information reported that petitioner earned wages of $13,626 in 1998.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011