Wendy L. Chadwick - Page 6

                                        - 5 -                                         
               Petitioner and Mr. Tillotson timely filed with the Internal            
          Revenue Service a joint Form 1040 for taxable year 1998.  On                
          their jointly filed Form 1040, petitioner and Mr. Tillotson                 
          reported:  (1) Wage income of $18,052, (2) business income of               
          $6,059, (3)taxable income of $11,183, (5) self-employment tax of            
          $856, (6) Federal income tax withheld of $1,741, and (7) an                 
          amount owed of $791.  Petitioner and Mr. Tillotson attached a               
          Schedule C to their jointly filed 1998 Federal income tax return.           
          On the Schedule C, Mr. Tillotson was identified as the proprietor           
          of the business, “Contract Installations”.  Petitioner and Mr.              
          Tillotson did not satisfy the underpayment when they filed their            
          joint 1998 Federal income tax return.                                       
               Petitioner and Mr. Tillotson were divorced on November 27,             
          2000, by a divorce decree entered by the District Court of Hunt             
          County, Texas.  The divorce decree states, in pertinent part:               
                    IT IS ORDERED AND DECREED that DAVID ALLEN TILLOTSON              
               and WENDY LANETTE TILLOTSON shall be equally responsible for           
               all federal income tax liabilities of the parties from the             
               date of marriage through December 31, 1998, and each party             
               shall timely pay 50 percent of any deficiencies,                       
               assessments, penalties, or interest due thereon and shall              
               indemnify and hold the other party and his or her property             
               harmless from 50 percent of such liabilities unless such               
               additional tax, penalty, and/or interest resulted from a               
               party’s omission of taxable income or claim of erroneous               
               deductions.  In such case, the portion of the tax, penalty,            
               and/or interest relating to the omitted income of claims of            
               erroneous deductions shall be paid by the party who earned             
               the omitted income or proffered the claim for an erroneous             
               deduction.  The parties agree that nothing contained herein            
               shall be construed as or is intended as a waiver of any                
               rights that a party has under the “Innocent Spouse”                    
               provisions of the Internal Revenue Code.                               





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