- 5 - maintained records for use in tax return preparation. Petitioners filed separate tax returns for the years in issue, on which they reported only their respective incomes, without regard to Louisiana’s usual community property laws. Respondent determined, among other things, that petitioners’ marriage contract did not stop the application of Louisiana’s usual community property laws for Federal income tax purposes. Respondent determined deficiencies and additions to tax (fraud) against Sandra as a result of charging her with one-half of the omitted income from Michael’s business. In the notices of deficiency, respondent’s determinations against Michael totaled (deficiencies plus fraud penalties) almost $65,000, and against Sandra totaled (deficiencies plus fraud penalties) more than $40,000. In the notices of deficiency, respondent determined that, if the fraud penalty was not sustained, then the accuracy-related penalty of section 6662(a) applied. In the answer, respondent narrowed this alternative to the 20-percent negligence accuracy-related penalty. Respondent conceded at trial and on brief that, if we held petitioners’ marriage contract was effective to take petitioners out of Louisiana’s usual community property matrimonial regime, then Sandra would have no deficiency and no addition to tax or penalty for any year in issue. In this event, respondentPage: 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