Legal Opinion

Miller v. Commissioner

United States Tax Court

Decided March 8, 1990No. Docket No. 37640-87Published

H and W, after regularly filing returns and paying Federal tax, claimed exemption from the withholding of their income tax and ceased filing returns. H and W, after being questioned by R regarding their failure to file and upon advice of their attorney, filed late returns for 1982, 1983, and 1984, properly reported their income, and paid the tax liability.

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H and W, after regularly filing returns and paying Federal tax, claimed exemption from the withholding of their income tax and ceased filing returns. H and W, after being questioned by R regarding their failure to file and upon advice of their attorney, filed late returns for 1982, 1983, and 1984, properly reported their income, and paid the tax liability. Thereafter, H and W were divorced and began maintaining separate residences and each filed individual returns which advised R of their new addresses. Although R possessed H's and W's separate addresses in his computer system, a joint notice…

1Opinion of the Court

Jacob B. and Ardythe J. Daggett Miller, Petitioners v. Commissioner of Internal Revenue, Respondent

Miller v. Commissioner

Docket No. 37640-87

United States Tax Court

94 T.C. 316; 1990 U.S. Tax Ct. LEXIS 18; 94 T.C. No. 19;

March 8, 1990March 8, 1990, Filed

Decision will be entered under Rule 155.

H and W, after regularly filing returns and paying Federal tax, claimed exemption from the withholding of their income tax and ceased filing returns. H and W, after being questioned by R regarding their failure to file and upon advice of their attorney, filed late returns for 1982, 1983, and 1984, properly…

2Cases cited45 opinions

  1. Spies v. United StatesSupreme Court of the United States · 1943
  2. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  3. Rowlee v. CommissionerUnited States Tax Court · 1983
  4. Stone v. CommissionerUnited States Tax Court · 1971
  5. Gajewski v. CommissionerUnited States Tax Court · 1976

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