Robert H. and Judith A. Golden - Page 2




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          1981 Federal income tax.1  In Golden v. Commissioner, T.C. Memo.            
          2005-170, the Court decided for respondent through partial                  
          summary adjudication all issues in this case, but for the                   
          correctness of respondent’s denial of a section 6015 claim to               
          relief (spousal relief) made by Judith A. Golden (petitioner).              
          We now decide whether respondent abused his discretion in denying           
          petitioner’s claim to spousal relief.2  We hold he did not.                 
                                  FINDINGS OF FACT                                    
               Petitioner and Robert H. Golden (Golden) are married and               
          resided in Southfield, Michigan, when their petition was filed              
          with the Court.  Petitioner holds a college degree and worked as            
          an elementary schoolteacher from 1964 to 1969.  In 1984, she                
          completed a course in income tax preparation.  Golden is a                  
          practicing attorney and has practiced law since 1961.                       
               In the mid-1970s, Golden invested in a partnership on behalf           
          of petitioners.  Petitioners were each limited partners in the              
          partnership, and they each received annual reports from the                 


               1 Unless otherwise noted, section references are to the                
          applicable versions of the Internal Revenue Code, and Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            
               2 Petitioners invite the Court also to decide an issue as to           
          the proper interest rate applicable in this case.  We decline to            
          do so.  As just noted, the Court decided in Golden v.                       
          Commissioner, T.C. Memo. 2005-170, that respondent will prevail             
          in this case if the Court holds for respondent as to the spousal            
          relief claim.  We also note that petitioners are deemed to have             
          stipulated under Rule 91(f) that the only issue left to be                  
          decided is whether petitioner is entitled to spousal relief.                






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