Julie G. Howerter f.k.a. Julie G. Gentry and Raymond G. Gentry, Intervenor v. Commissioner

2014 T.C. Summary Opinion 15
CourtUnited States Tax Court
DecidedFebruary 19, 2014
Docket27079-12S
StatusUnpublished

This text of 2014 T.C. Summary Opinion 15 (Julie G. Howerter f.k.a. Julie G. Gentry and Raymond G. Gentry, Intervenor v. Commissioner) is published on Counsel Stack Legal Research, covering United States Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Julie G. Howerter f.k.a. Julie G. Gentry and Raymond G. Gentry, Intervenor v. Commissioner, 2014 T.C. Summary Opinion 15 (tax 2014).

Opinion

PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE. T.C. Summary Opinion 2014-15

UNITED STATES TAX COURT

JULIE G. HOWERTER, f.k.a. JULIE G. GENTRY, Petitioner, AND RAYMOND G. GENTRY, Intervenor v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Docket No. 27079-12S. Filed February 19, 2014.

Julie G. Howerter, pro se.

Raymond G. Gentry, pro se.

John S. Hitt and Mathew M. Johnson, for respondent.

SUMMARY OPINION

KERRIGAN, Judge: This case was heard pursuant to section 7463 of the

Internal Revenue Code in effect when the petition was filed. Pursuant to section

7463(b), the decision to be entered is not reviewable by any other court, and this -2-

opinion shall not be treated as precedent for any other case. Unless otherwise

indicated, all section references are to the Internal Revenue Code in effect at all

relevant times, and all Rule references are to the Tax Court Rules of Practice and

Procedure.

This proceeding was commenced under section 6015 for review of

respondent’s determination that petitioner is not entitled to relief from joint and

several liability for 2007 with respect to the Federal income tax return she filed

with intervenor, her former spouse. We must consider whether petitioner is

entitled to relief under section 6015(b), (c), or (f).

Background

Petitioner resided in Illinois when she filed the petition.

Petitioner and intervenor married in 1992, separated in January 2008, and

divorced on May 11, 2010. Petitioner and intervenor resided together until their

separation.

In 2006 intervenor worked as a terminal manager in the operations division

of Transport Leasing Contract, Inc., a trucking company in Illinois. Also in 2006

Andy’s Express Co. (Andy’s) hired intervenor to work in both their operations and

sales divisions. Intervenor received wages and commissions based on his sales.

For 2006 intervenor received two Forms W-2, Wage and Tax Statement, one for -3-

wages received from Andy’s and the other for wages received from Transport

Leasing Contract, Inc. In 2007 intervenor worked solely for Andy’s. For 2007

intervenor received both a Form W-2 for wages and a Form 1099-MISC,

Miscellaneous Income, for nonemployee compensation (i.e., commissions)

received from Andy’s.

Throughout her marriage to intervenor petitioner prepared their joint

Federal income tax returns. Intervenor would provide her with his third-party

reporting information and other requested information.

Petitioner and intervenor’s 2007 joint Federal tax return showed a total tax

of $2,806 and Federal income tax withholding of $8,025, resulting in a refund of

$5,219.

On February 17, 2009, respondent issued a Notice CP2000 to petitioner and

intervenor stating that they failed to report the following: (1) $12 in interest

income from Country Life Insurance Co. reported on a Form 1099-INT, Interest

Income; (2) $9,753 in nonemployee compensation from Andy’s reported on a

Form 1099-MISC; and (3) a $371 State income tax refund from the State of -4-

Illinois Department of Revenue reported on a Form 1099-G, Certain Government

Payments.1

On June 22, 2009, respondent issued petitioner and intervenor a notice of

deficiency for tax year 2007 determining a deficiency of $2,901 arising from the

unreported income listed in the Notice CP2000. Neither petitioner nor intervenor

filed a petition with this Court in response to the notice of deficiency.

On January 27, 2010, respondent received a Form 8857, Request for

Innocent Spouse Relief, for tax year 2007 from petitioner. In her Form 8857

petitioner asserted that she was not liable for the unreported commission income

of $9,753 because she was never aware of intervenor’s receipt of the commission

income and intervenor did not provide her with a Form 1099-MISC indicating that

he had received commission income from Andy’s.

On May 18, 2010, respondent proposed preliminarily to grant petitioner

relief from joint and several liability, pursuant to section 6015(c), for the portion

of the understatement attributable to intervenor’s nonemployee compensation.

Intervenor, however, appealed the preliminary determination on June 8, 2010.

Among the materials that intervenor sent to respondent to challenge respondent’s

1 Petitioner does not contest her joint liability for the interest income or the State income tax refund. -5-

proposed decision was a copy of a series of emails which he contended petitioner

had sent to him. The first email, dated August 27, 2007, was entitled

“Commissions” and included a discussion of intervenor’s “commission checks”

(intervenor’s August 2007 email). A second email from petitioner to intervenor

dated December 19, 2007 (intervenor’s December 2007 email), states: “[Y]ou

need to pull together all the information on what commission you have earned for

this calendar year.”

In response to intervenor’s appeal petitioner sent respondent a letter on

October 13, 2010, which explains her concerns about the emails intervenor

submitted. The letter included a copy of what she contended was the actual email

that she sent to intervenor on August 27, 2007 (petitioner’s August 2007 email).

Petitioner’s copy of the August 2007 email is not identical to intervenor’s copy of

the August 2007 email. Petitioner’s August 2007 email was entitled “IRS

Withholdings” and made no reference to any commission income intervenor

earned.

On November 10, 2010, respondent issued petitioner a notice of

determination denying her request for innocent spouse relief under section

6015(b), (c), or (f). -6-

At trial petitioner admitted that she was aware that intervenor had received

commissions from another company but contended that she was unaware of the

commissions intervenor earned from Andy’s in 2007. Petitioner testified that

intervenor provided her with only his Form W-2 from Andy’s. Intervenor testified

that he received the Form W-2 and the Form 1099-MISC at the same time and

provided both to petitioner at the same time. Petitioner contends that intervenor

asked that they file their tax return early so he could use his share of the refund for

a downpayment on an apartment, but she admitted that she also wanted to file

early because she planned to use her share of any refund received for 2007 to pay

off some items. Petitioner receives limited child support and must care for her

three children by herself. Petitioner returned to work recently after being laid off

by her employer.

Before and since 2007, petitioner has filed all required Forms 1040, U.S.

Individual Income Tax Return, timely and reported accurately all income earned.

She does not have an outstanding balance due to respondent. This is her first case

before this Court.

Discussion

Generally, married taxpayers may elect to file a joint Federal income tax

return. Sec. 6013(a). After making this election, each spouse is jointly and -7-

severally liable for the entire tax due for that taxable year. Sec. 6013(d)(3). A

requesting spouse may seek relief from joint and several liability under section

6015(b) or, if eligible, may allocate liability under section 6015(c). Sec. 6015(a).

If a requesting spouse is not eligible for relief under section 6015(b) or (c), a

Free access — add to your briefcase to read the full text and ask questions with AI

Related

National Life Insurance v. United States
277 U.S. 508 (Supreme Court, 1928)
Madeline M. Stevens v. Commissioner of Internal Revenue
872 F.2d 1499 (Eleventh Circuit, 1989)
Haltom v. Comm'r
2005 T.C. Memo. 209 (U.S. Tax Court, 2005)
Wiener v. Comm'r
2008 T.C. Memo. 230 (U.S. Tax Court, 2008)
Sriram v. Comm'r
2012 T.C. Memo. 91 (U.S. Tax Court, 2012)
Howerter v. Comm'r
2014 T.C. Summary Opinion 15 (U.S. Tax Court, 2014)
Alt v. Comm'r
119 T.C. No. 19 (U.S. Tax Court, 2002)
Hopkins v. Comm'r
121 T.C. No. 5 (U.S. Tax Court, 2003)
Porter v. Comm'r
132 T.C. No. 11 (U.S. Tax Court, 2009)
Alt v. Commissioner
101 F. App'x 34 (Sixth Circuit, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
2014 T.C. Summary Opinion 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/julie-g-howerter-fka-julie-g-gentry-and-raymond-g-gentry-intervenor-tax-2014.