Legal Opinion

Stroman v. Commissioner

United States Tax Court

Decided August 31, 1981No. Docket No. 9649-76PublishedCited by 7 opinions

1. On Nov. 13, 1973, a Form 870-AD was executed by P's counsel and her then husband. The form stated that P and H consented to the assessment and collection of deficiencies determined for 1968, 1969, and 1970. Typed on the form was a note which stated that P reserved the right to contest collection of the deficiencies as an innocent spouse.

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1. On Nov. 13, 1973, a Form 870-AD was executed by P's counsel and her then husband. The form stated that P and H consented to the assessment and collection of deficiencies determined for 1968, 1969, and 1970. Typed on the form was a note which stated that P reserved the right to contest collection of the deficiencies as an innocent spouse. On Dec. 10, 1973, the Commissioner assessed the deficiencies against P and H. The statutory period for assessing the deficiencies for each of the 3 years would have ended on or before May 24, 1974. In 1975, a U.S. District Court in Texas enjoined the…

1Opinion of the Court

OPINION

Simpson, Judge-.

The Commissioner determined the following deficiencies in the petitioner’s Federal income taxes:

Year Deficiency

1968. $4,775.00

1969.■. 2,647.17

1970. 800.75

The only issues to be decided are: (1) Whether the statute of limitations on assessment of the deficiencies in this case was tolled in 1973 when the Commissioner made an assessment of the deficiencies prior to mailing a notice of deficiency to the petitioner; and (2) if the statute of limitations was tolled, whether the petitioner is relieved of liability for the deficiency for 1969 as an innocent spouse under section…

2Cases cited8 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Jennie Allen v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1975
  3. Allen v. CommissionerUnited States Tax Court · 1973
  4. Ventura Consolidated Oil Fields v. RoganCourt of Appeals for the Ninth Circuit · 1936
  5. Lehigh Portland Cement Co. v. United StatesUnited States Court of Claims · 1939

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

3Cited by7 opinions

  1. Scott v. CommissionerUnited States Tax Court · 1985
  2. Ketchum v. CommissionerUnited States Tax Court · 1981
  3. Ketchum v. CommissionerUnited States Tax Court · 1981
  4. Mary Frances Stroman v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1982
  5. Scott v. CommissionerUnited States Tax Court · 1985

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

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