- 4 - the total withholding credit allocable to petitioner was $25,569.33. Dr. Geaccone did not pay any estimated income tax for the tax year 2001, nor was any tax withheld from his earnings. According to respondent, after taking into account petitioner’s prorated share of Dr. Geaccone’s income, petitioner had taxable income for 2001 of $159,769.83, and the tax on this income was $48,495. Respondent maintains that because petitioner’s prorated share of the $38,354 of withheld tax credit was $25,569.33, petitioner owed $22,925.67 ($48,495 minus $25,569.33), which is $18,705.67 more than the $4,220 she showed as owed on her return. On or about August 24, 2004, petitioner applied for relief from liability with respect to the items of community income attributable to her from Dr. Geaccone under section 66(c), which respondent denied. Subsequently, respondent issued his notice of deficiency. Discussion Except as otherwise provided in section 66(c), petitioner bears the burden of proof. See Rule 142(a); Hardy v. Commissioner, 181 F.3d 1002 (9th Cir. 1999), affg. T.C. Memo. 1997-97. Texas is a community property State. Tex. Fam. Code Ann. secs. 3.001-3.005 (Vernon 2001); Lange v. Phinney, 507 F.2d 1000, 1005 (5th Cir. 1975). Generally, a spouse residing in a communityPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007