Michael Alan Swanson, Petitioner, and Judith N. Swanson, Intervenor - Page 4

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               Petitioner currently works as a human resources specialist             
          for the Department of Agriculture.  He held this position                   
          throughout 1999.  Intervenor, because of a chronic medical                  
          condition, was classified as disabled sometime shortly before               
          1999.                                                                       
               Petitioner and intervenor electronically filed their 1999              
          Federal income tax return.1  On the return, for “Filing Status”             
          petitioner and intervenor checked the box labeled “Married filing           
          jointly”.  They did not include in gross income $22,168 received            
          from intervenor’s pension fund.  They did not include this amount           
          as income because of an error with, and their misunderstanding              
          of, the Federal income tax preparation software that they used to           
          complete and file the return.                                               
               On December 10, 2001, separate notices of deficiency were              
          sent to petitioner and intervenor in which respondent determined            
          a deficiency of $4,269 in Federal income tax for the year 1999              
          based on petitioner and intervenor’s failure to include                     
          intervenor’s pension in gross income.  No petition was filed by             
          either party with the Tax Court seeking a redetermination of the            


               1Intervenor argues that she never signed the return filed              
          electronically by petitioner.  On Nov. 14, 2005, intervenor                 
          submitted a Federal income tax return for 1999.  On the return,             
          for “Filing Status” intervenor checked the box labeled “Married             
          filing separate return”.  On line 16(a) and (b), she listed                 
          $22,169 as income from her pension.  After claiming the standard            
          deduction and applicable credits, she computed an overpayment of            
          tax due of $795.                                                            





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