Debra Kay Forister - Page 4

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          received by Mr. Lathrop and $9,250 of nonemployee compensation he           
          had earned.  On June 12, 2002, a notice of deficiency was issued            
          to petitioner and Mr. Lathrop in which respondent determined a              
          deficiency of $3,603 in Federal income tax for 2000 based on                
          their failure to include these items of income on the return.2              
          Neither petitioner nor Mr. Lathrop petitioned this Court in                 
          response to the notice of deficiency.  Accordingly, the                     
          deficiency was assessed.                                                    
               On December 9, 2002, respondent applied a $2,012 overpayment           
          of tax from petitioner’s individual return for taxable year 2001            
          to the unpaid tax liability for the year at issue.  Petitioner,             
          thereafter, filed a Form 8857, Request for Innocent Spouse                  
          Relief, on July 7, 2003.  She alleges that Mr. Lathrop prepared             
          their 2000 tax return, that the omitted items of income were his            
          income, and that she signed the return without reviewing its                
          contents.  On April 14, 2004, respondent issued a Final Notice to           
          petitioner determining that she was not entitled to relief from             
          joint and several liability under section 6015(b), (c), or (f)              
          for taxable year 2000 because she was aware and knew that the tax           
          shown on the return would not be paid at the time of filing; she            
          had actual knowledge of the omitted income giving rise to the               


               2The omitted income enabled petitioner and Mr. Lathrop to              
          qualify for an earned income credit of $406.  As a result of the            
          inclusion of the unreported income, the earned income credit was            
          not allowable due to the limitation of sec. 32(a)(2).                       




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