Tracy L. Geaccone - Page 5




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        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 community            







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