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disbursement by the trustee of more than $2.37 million.2
Meanwhile, on October 15, 1998, petitioner and Dr. Banderas
signed and timely filed a joint Form 1040, U.S. Individual Income
Tax Return, for 1997. The return reflected total adjusted gross
income of $304,673, consisting primarily of pension, annuity, and
Social Security income of Dr. Banderas but also including $5,025
of wage income earned by petitioner.3 A reported $10,250 was
shown as Federal income tax withheld, $250 of which represented
withholding from petitioner’s wages. The stated balance due was
$64,767. Petitioner was aware of the balance due at the time she
signed the return. No payment was submitted with the return.
The Banderases’ joint Form 1040 for 1998 was filed in late 1999
reporting a loss and is not at issue here.
By 1999, financial pressures had apparently led Dr. Banderas
to return to work. Then, on September 16, 1999, Dr. Banderas was
diagnosed with cancer. The cancer was terminal, and Dr. Banderas
died of complications from the disease on November 16, 1999. On
October 15, 2000, petitioner signed and timely filed a joint Form
1040 for 1999 as a surviving spouse. The return reflected total
adjusted gross income of $121,326, which amount incorporated wage
2 This Court takes judicial notice of the July 21, 2005,
order. See Fed. R. Evid. 201; Estate of Reis v. Commissioner, 87
T.C. 1016, 1027 (1986).
3 The Banderases rounded the amounts reported on their tax
returns.
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