DocketNumber: Docket No. 3620-11
Citation Numbers: 2013 T.C. Memo. 120, 105 T.C.M. 1712, 2013 Tax Ct. Memo LEXIS 120
Judges: FOLEY
Filed Date: 5/6/2013
Status: Non-Precedential
Modified Date: 4/18/2021
Decision will be entered for respondent.
FOLEY,
In 1972, petitioner married John Marzullo and, in 1974, Mr. Marzullo incorporated Marto Drug & Supply, Inc. (Marto Drug), which he owned and operated. In addition, he served as chief executive officer (CEO) and a pharmacist. Petitioner was the chief financial officer (CFO) and was responsible for assisting customers, compiling sales journals, and writing checks from Marto Drug's business account. During their marriage, petitioner made bank deposits, wrote checks, and paid household expenses through a joint money market account (personal account) she held with Mr. Marzullo.
In 2002, Mr. Marzullo lost his pharmacist's license. Petitioner and Mr. Marzullo hired a new pharmacist, but the business began to suffer serious financial difficulties. In a desperate attempt to sustain the business, petitioner and Mr. Marzullo used withdrawals from their respective individual retirement accounts (IRAs) to pay business expenses. In 2002, 2003, 2004, and 2005 Mr. Marzullo withdrew $30,000, $100,000, $290,000, and $239,791, respectively, from his IRAs. In 2006, petitioner withdrew $73,182 from one of her IRAs. Petitioner and Mr. Marzullo did not file Federal income tax returns relating to the years in issue. *122 Respondent audited the tax years in issue and prepared substitutes for returns relating to 2002, 2003, and 2004. In 2008, petitioner and Mr. Marzullo untimely filed joint Federal income tax returns relating to 2002, 2003, 2004, 2005, 2006, and 2007. Petitioner and Mr. Marzullo failed to pay the full amounts of their Federal income tax liabilities reported on these returns.
On September 3, 2009, the Georgia Department of Revenue seized Marto Drug's assets to satisfy more than $700,000 of outstanding employment tax liabilities. On September 4, 2009, Mr. Marzullo died, leaving petitioner as the sole beneficiary and the executor of his estate. She became Marto Drug's CEO and received the family home, Mr. Marzullo's 100% interest in Marto Drug, and a 50% interest in a real estate partnership. In addition, Marto Drug received $1,300,000 of life insurance proceeds.
On December 1, 2009, respondent received petitioner's Forms 8857, Request for Innocent Spouse Relief, in which, pursuant to
*123 On February 14, 2011, petitioner, while residing in Georgia, filed her petition with the Court. In 2011, she untimely filed her 2008 and 2009 Federal income tax returns and untimely paid her 2009 Federal income tax liability.
Married taxpayers may elect to file a joint Federal income tax return.
For the following reasons, petitioner is not eligible for relief. First, petitioner received a significant benefit (i.e., a benefit in excess of normal support) relating to the unpaid tax liabilities.
Petitioner contends that she believed Mr. Marzullo would use a portion of the IRA distributions to pay the 2003, 2004, and 2005 Federal income tax liabilities. Her testimony in support of this contention was inconsistent, unreliable, and unconvincing. During their 37-year marriage, petitioner and Mr. *125 Marzullo shared responsibility for business and personal affairs. Petitioner, Marto Drug's CFO, worked at Marto Drug in a number of capacities, regularly wrote checks on both the business and personal accounts, was aware of Marto Drug's financial difficulties, and withdrew funds from her IRA to support the business.
A taxpayer is ineligible for
Contentions we have not addressed are irrelevant, moot, or meritless.
To reflect the foregoing,
1. 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.↩