Estate of Robert J. Capehart, Deceased, Ingrid Capehart, Personal Reprensentative, and Ingrid Capehart - Page 8

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          individual under section 6015(d)(3) bears to the net amount of              
          all items taken into account in computing the deficiency.  Sec.             
          6015(d)(1).  Section 6015(d)(3)(A) provides that items giving               
          rise to a deficiency on a joint return (erroneous items) shall be           
          allocated to each spouse as though each had filed a separate                
          return for the taxable year; i.e., an erroneous item is allocated           
          to the spouse to whom the erroneous item is attributed.  The                
          requesting spouse is liable only for his/her proportionate share            
          of the deficiency; i.e., the amount that bears the same ratio to            
          the deficiency as the net amount of erroneous items allocable to            
          the electing spouse bears to the net amount of all erroneous                
          items.  Sec. 6015(d)(1), (3)(A); sec. 1.6015-3(d)(4)(A), Income             
          Tax Regs.                                                                   
               1.   Allocation of Erroneous Items                                     
               The parties agree that the Form 4797 loss and the theft loss           
          are “erroneous items” that are attributable equally to Mr.                  
          Capehart and petitioner; i.e., had petitioner and Mr. Capehart              
          filed separate returns, they would each have reported one-half of           
          the losses on their respective separate returns.  See sec.                  
          1.6015-3(d)(2)(iv), Income Tax Regs.                                        
               The parties’ computations reveal that petitioners are not              
          entitled to any deduction for medical or dental expenses.                   
          Petitioner and Mr. Capehart reported total medical/dental                   
          expenses of $3,280 and deducted $1,143 on the joint return on               






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