Estate of Robert J. Capehart, Deceased, Ingrid Capehart, Personal Reprensentative, and Ingrid Capehart - Page 17

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          erroneous items remains allocated to her, not the $11,044 that              
          petitioner’s theory would allocate to her.                                  
                         ii. Benefit of Lower Tax Rate                                
               Petitioner posits that the proportionate allocation method             
          provided in section 1.6015-3(d)(4)(i)(A), Income Tax Regs., is              
          invalid because it does not account for the difference in the tax           
          rates as applied to petitioner’s and Mr. Capehart’s separate                
          taxable incomes.  Petitioner contends that Mr. Capehart would               
          have owed tax of $8,723 had he filed a separate return:  $19,000            
          of taxable income taxed at the rate of 15 percent and $18,677 of            
          taxable income taxed at the rate of 28 percent.4  Petitioner                
          asserts that her erroneous items provided a tax benefit on the              
          1994 joint return to Mr. Capehart because Mr. Capehart’s $37,967            
          of taxable income would have been taxable at an effective rate of           
          21.5 percent, rather than 15 percent.  Petitioner has not                   
          provided a computation of the portion of her erroneous items that           
          provided the asserted benefit to Mr. Capehart.  Furthermore,                
          petitioner’s erroneous items did not reduce Mr. Capehart’s                  
          effective tax rate.                                                         
               Mr. Capehart’s $37,967 of taxable income was offset by                 
          $21,282.50 of erroneous items attributed to him.  The $16,684.50            


               4Petitioner’s computation is in error in that it attributes            
          $37,677 ($19,000 + $18,677) of taxable income to Mr. Capehart.              
          Mr. Capehart had $37,967 of taxable income.  Consequently,                  
          $18,967 of his income would be taxable at the rate of 28 percent.           




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