- 4 - examined the parties’ stipulations and memoranda of law, as well as petitioner’s supplement to the motion and the documents attached thereto, and conclude that the litigation costs motion may properly be resolved with neither (1) an evidentiary hearing nor (2) the authorization of contested depositions. See Rules 232(a)(2) (last sentence), 75(b) (first sentence). The parties have presented admissibility disputes in certain of their stipulations. We rule on these evidentiary disputes infra, as the first items under Discussion. Background When the petition was filed in the instant case, petitioner resided in Lancaster, California. On his 2002 income tax return (Form 1040A, U.S. Individual Income Tax Return),5 petitioner showed his filing status as single, and claimed five dependents--VV, SV, AH, EH, and JH.6 Petitioner reported wage compensation income of $7,200 and adjusted gross income of $7,200. He claimed the standard deduction of $4,700, a personal exemptions deduction of $18,000, and an earned income credit of $2,890. He did not show a section 1 tax liability; he claimed the entire $2,890 as an overpayment and asked that all of it be refunded by direct deposit into an 5 Neither the stipulated copy of petitioner’s electronically filed 2002 tax return nor the stipulation indicates when the tax return was filed. We assume the tax return was filed timely. 6 We refer to the minor children by their initials only.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011