Resnick v. Commissioner
United States Tax Court
Petitioner filed a joint Federal income tax return with her former husband for the taxable year 1968. Respondent determined a deficiency for 1968 based upon an overstatement in the cost of goods sold by her former husband in his business as a dealer in coins.
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Petitioner filed a joint Federal income tax return with her former husband for the taxable year 1968. Respondent determined a deficiency for 1968 based upon an overstatement in the cost of goods sold by her former husband in his business as a dealer in coins. Held, petitioner does not qualify for relief from an agreed deficiency for 1968 as an innocent spouse under sec. 6013(e), I.R.C. 1954, because the tax liability resulted from respondent's decrease of cost of goods sold rather than from his inclusion in gross income of an amount erroneously omitted from gross income.
1Opinion of the Court
OPINION
Dawson, Judge:
Respondent determined a deficiency of $2,851,879.75 in petitioner’s Federal income tax for 1968 and an addition to tax under section 6653(b)1 in the amount of $1,425,939.88.2
The only issue for decision is whether section 6013(e) is applicable to relieve petitioner from liability for tax where the liability results from a decrease in cost of goods sold rather than from the inclusion in gross income of an amount erroneously omitted from gross income.
All of the facts are stipulated. We adopt the stipulation of facts as our findings. The relevant facts are summarized below.
Pet…
2Cases cited3 opinions
- Sonnenborn v. CommissionerUnited States Tax Court · 1971
- Galliher v. CommissionerUnited States Tax Court · 1974
- Rodman v. CommissionerUnited States Tax Court · 1973
3Cited by14 opinions
- Purcell v. CommissionerUnited States Tax Court · 1986
- Lawson v. CommissionerUnited States Tax Court · 1994
- James v. CommissionerUnited States Tax Court · 1980
- La Belle v. CommissionerUnited States Tax Court · 1984
- Connelly v. CommissionerUnited States Tax Court · 1982
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