Legal Opinion

Estate of Simmons v. Commissioner

United States Tax Court

Decided May 2, 1990No. Docket No. 120-89PublishedCited by 6 opinions

D and her husband filed a joint income tax return for 1986 in which they failed to calculate and report the proper alternative minimum tax. Held: The failure to calculate and report alternative minimum tax does not constitute a "grossly erroneous item" within the meaning of sec. 6013(e)(2), I.R.C. 1954. Thus, D does not qualify for relief from liability as an innocent spouse under sec. 6013(e).

1Opinion of the Court

OPINION

RUWE, Judge:

Respondent determined a deficiency in income tax in the amount of $10,587.72 for the taxable year 1986. The deficiency resulted from respondent’s determination that Virginia V. and Mack D. Simmons, Sr., failed to compute and report alternative minimum tax and self-employment tax on their joint 1986 Federal income tax return. Petitioner agrees with respondent’s computation of self-employment tax in the amount of $73.80. Petitioner also agrees with respondent’s computation of the alternative minimum tax contained in the notice of deficiency. The sole issue for decision is…

2Cases cited8 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Sonnenborn v. CommissionerUnited States Tax Court · 1971
  3. Joyce Purcell v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1987
  4. Purcell v. CommissionerUnited States Tax Court · 1986
  5. Flynn v. CommissionerUnited States Tax Court · 1989

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Klimenko v. CommissionerUnited States Tax Court · 1993
  2. Lawson v. CommissionerUnited States Tax Court · 1994
  3. Hillman v. CommissionerUnited States Tax Court · 1993
  4. Bronson v. CommissionerUnited States Tax Court · 1993
  5. Estate of Simmons v. CommissionerUnited States Tax Court · 1990

1 more not listed; retrieve them via the Exa API.

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