Tracy L. Geaccone - Page 15




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       is the outcome of respondent’s refusal to allow petitioner credit              
       for the entire amount of tax withheld by her employer from her                 
       income.  It therefore follows that in denying petitioner credit for            
       the $38,354 withheld from her wages, and thus denying her innocent             
       spouse relief under section 66(c) for unpaid tax in excess of                  
       $10,141, respondent abused his discretion.                                     
            To reflect the foregoing,                                                 

                                                An appropriate decision               
                                           will be entered.                           






























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Last modified: November 10, 2007