Legal Opinion

Kroh v. Commissioner

United States Tax Court

Decided April 2, 1992No. Docket Nos. 36295-87, 7250-88Published

Petitioner (P) and her husband (H) filed joint income tax returns. H was adjudicated bankrupt. Subsequently, respondent (R) issued deficiency notices to P and H. P filed petitions in the Tax Court. R and H's bankruptcy trustee settled all of H's tax liabilities. The bankruptcy court approved the settlement agreement but did not adjudicate the claim on its merits. P did not participate in the bankruptcy proceeding in any manner.

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Petitioner (P) and her husband (H) filed joint income tax returns. H was adjudicated bankrupt. Subsequently, respondent (R) issued deficiency notices to P and H. P filed petitions in the Tax Court. R and H's bankruptcy trustee settled all of H's tax liabilities. The bankruptcy court approved the settlement agreement but did not adjudicate the claim on its merits. P did not participate in the bankruptcy proceeding in any manner. R subsequently assessed H's tax deficiencies and additions to tax pursuant to the settlement agreement. The bankruptcy trustee paid the deficient taxes and interest. P…

1Opinion of the Court

Carolyn S. Kroh, Petitioner v. Commissioner of Internal Revenue, Respondent

Kroh v. Commissioner

Docket Nos. 36295-87, 7250-88

United States Tax Court

98 T.C. 383; 1992 U.S. Tax Ct. LEXIS 33; 98 T.C. No. 29;

April 2, 1992, Filed

An appropriate order will be issued.

Petitioner (P) and her husband (H) filed joint income tax returns. H was adjudicated bankrupt. Subsequently, respondent (R) issued deficiency notices to P and H. P filed petitions in the Tax Court. R and H's bankruptcy trustee settled all of H's tax liabilities. The bankruptcy court approved the settlement agreement but did not adjudicate…

Also in this document: Dissent.

2Cases cited56 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  4. Montana v. United StatesSupreme Court of the United States · 1979
  5. Commissioner v. SunnenSupreme Court of the United States · 1948

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