Susan Kay Dowell - Page 2




                                        - 2 -                                         
                                  FINDINGS OF FACT                                    
               Petitioner and Reginald Bracy (Mr. Bracy) were married in              
          1999 and resided in Salina, Kansas.  Petitioner was employed as a           
          hairdresser, and Mr. Bracy worked as an equipment specialist for            
          a food services company.  In 2000, petitioner and Mr. Bracy moved           
          to California.  While in California, petitioner and Mr. Bracy               
          lived together and struggled to find employment.  To help pay               
          living expenses during this period, Mr. Bracy requested a                   
          distribution of $19,300 from his individual retirement account              
          (IRA).  Mr. Bracy was the only individual authorized to draw upon           
          the account.  After receiving the distribution, Mr. Bracy                   
          informed petitioner, but he did not tell her the amount of the              
          distribution.                                                               
               In 2001, petitioner and Mr. Bracy moved back to Kansas,                
          where both found employment.  During 2001, petitioner earned                
          wages of $15,363 from three different employers who withheld                
          $1,114 of Federal income tax, and Mr. Bracy earned wages of                 
          $18,616 from two employers who withheld $1,748 of Federal income            
          tax.  In addition, Mr. Bracy withdrew $10,800 from an IRA.                  
               Petitioner and Mr. Bracy filed their joint Federal income              
          tax return relating to 2000 on March 26, 2001.  On this return,             
          they failed to report the $19,300 IRA distribution.  Petitioner             
          and Mr. Bracy’s joint Federal income tax return relating to 2001            
          was filed on February 15, 2002.  Mr. Bracy signed the return, but           







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