- 8 - that year as Mr. Conner maliciously withheld petitioner’s Form W- 2, Wage and Tax Statement, for 1997 from her. As to petitioner’s first argument, that the income in question was already included on a joint return purportedly filed on her behalf for 1997, Mr. Conner credibly explained to this Court that it was never the intention of either party to file a joint return for 1997, and that he did not include petitioner’s wage income on his return. With respect to petitioner’s second claim, that she could not file for lack of the necessary information, Mr. Conner testified that he neither received nor maliciously withheld petitioner’s Form W-2 for her wages earned for 1997. We not only find Mr. Conner’s testimony credible, but we note that because petitioner’s employer in 1997 was her sister with whom she has a close relationship, and for whom she still works as a dance instructor, petitioner could presumably have asked for and received a duplicate copy of her W-2. Accordingly, and based on the foregoing reasons, we sustain respondent’s determination that petitioner failed to file a Federal income tax return for 1997, and that she did not report wage income received in 1997 in the amount of $33,711 received in that year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007