- 19 - Alleged Failure of Ms. Smith To File a Proper 1986 Federal Income Tax Return Respondent contends that petitioners are not entitled to deduct a loss with respect to the alleged failure of Ms. Smith to file a proper 1986 Federal income tax return because no related liability existed between Ms. Smith and petitioner. Petitioners contend that Ms. Smith and petitioner agreed pursuant to the divorce agreement to file separate 1986 Federal income tax returns, that Ms. Smith failed to file a proper 1986 Federal income tax return, that petitioner’s return was audited and he was required to pay Ms. Smith’s 1986 tax liability of $118,000,15 that Ms. Smith’s failure to file a proper 1986 Federal income tax return constitutes “theft by swindling and false pretenses”, and that petitioners are entitled to deduct the $118,000 as a bad debt loss and/or as a theft loss.16 Petitioners have failed to demonstrate that they are entitled to a section 165 theft loss deduction related to the alleged failure of Ms. Smith to file a proper 1986 Federal income 15Petitioners contend that their accountant determined that Ms. Smith’s alleged failure to file a proper 1986 Federal income tax return resulted in expenses to petitioner of $118,000 “after allowing her all credits for community splitting.” 16Petitioners do not specify whether the claimed deduction constitutes a sec. 165 theft loss deduction or a sec. 166 bad debt deduction.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011