Michael J. Downing and Sandra M. Downing - Page 5

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          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, respondent                   






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Last modified: May 25, 2011