Nancy Silverman and Estate of Sheldon Silverman, Deceased, Nancy Silverman, Executrix - Page 28

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               We have found that Sheldon signed a series of documents in             
          1981 purporting to give Sheldon an interest in State Coal and               
          purporting to impose obligations on Sheldon.  Nancy is not named            
          in any of these documents, did not sign any of these documents,             
          and did not see any of these documents until late 1986, after               
          Sheldon died.  The second sublease purports to obligate Sheldon             
          to pay $60,000 in cash and $1,540,000 in a promissory note on or            
          before December 30, 1981, and to make a $40,000 principal payment           
          on the promissory note on or before January 31, 1982.  Sheldon              
          paid the $60,000 and the $40,000 by checks drawn on his separate            
          accounts, and he signed the promissory note.  On the 1981 tax               
          return, the $1,600,000 disallowed deduction is claimed on                   
          Schedule C, which shows Sheldon's name and Social Security number           
          and does not show Nancy's name or Social Security number.  If               
          Sheldon and Nancy had filed separate tax returns for 1981, then             
          the disallowed deduction would have been on Sheldon's tax return            
          and not on Nancy's tax return.  We conclude, and we have found,             
          that the item from which Nancy seeks innocent spouse relief is an           
          item “of” Sheldon, within the meaning of section 6013(e)(1)(B).             
          Bokum v. Commissioner, 94 T.C. 140.                                         


               On brief, respondent asserts that "It is uncertain whether             
          the four checks were the total payment for the interest in State            
          Coal because no evidence was offered of the total amount of the             





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