Tobias Weiss and Gertrude O. Weiss - Page 6




                                        - 6 -                                         
          instructions in this regard, however, cannot affect the operation           
          of the tax statutes or petitioners’ obligations thereunder.  See            
          Casa De La Jolla Park, Inc. v. Commissioner, 94 T.C. 384, 396               
          (1990) (tax form instructions cannot be relied upon as                      
          authoritative sources of law).                                              
               To reflect the foregoing,                                              

                                             Decision will be entered for             
                                        respondent.                                   
















               7(...continued)                                                        
          Neither Form 1040 nor the instructions thereto expressly say that           
          the amount of qualified dividends listed on line 9b should also             
          be included among ordinary dividends on line 9a.  Any confusion             
          on this score is dispelled, however, by the instructions                    
          accompanying Form 1099-DIV, Dividends and Distributions, on which           
          dividends are supposed to be reported to recipients.  These                 
          instructions make clear that “Qualified dividends”, reported on             
          Box 1b of the form, are a “portion” of the amount reported in box           
          1a as “Total ordinary dividends”.  The recipient is directed to             
          include the amount of “Total ordinary dividends” on line 9a of              
          Form 1040.                                                                  





Page:  Previous  1  2  3  4  5  6

Last modified: March 27, 2008