Ana Maria Rodriguez - Page 3

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          Code in effect for the taxable year in issue, and all Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            
               Respondent determined a deficiency in petitioner’s Federal             
          income tax for the taxable year 2001 of $5,831 and a penalty                
          pursuant to section 6662(a) of $1,009.  After concessions1 by the           
          parties, the issue for decision is whether respondent abused his            
          discretion in denying petitioner’s request for relief from joint            
          and several liability under section 6015(f).                                
          Background                                                                  
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts, the second stipulation of                 
          facts, and the attached exhibits are incorporated by this                   
          reference.  At the time of filing the petition, petitioner                  
          resided in Salinas, California.                                             
               Petitioner and Manuel Rodriguez2 were married in June 1999,            
          and they separated sometime in November 2000.  Petitioner filed             
          for a divorce in 2004; however that matter was still pending at             
          the time of trial.  Petitioner was employed as a day care                   



               1  Respondent concedes that petitioner is not liable for a             
          sec. 6662(a) penalty of $1,009.                                             
               Petitioner concedes that she received $13 in interest income           
          from Wells Fargo Bank in tax year 2001.                                     
               2  On Aug. 3, 2004, respondent issued to Mr. Rodriguez a               
          Notice of Filing of Petition and Right to Intervene.  Mr.                   
          Rodriguez did not file a notice of intervention.                            




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