Ann E. Bartak - Page 24

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               Furthermore, it is clear that the Hoyt organization treated            
          her, and Mr. Bartak, as a partner in the Hoyt partnerships.  The            
          Schedules K-1 the Hoyt organization issued regarding their                  
          investment in SGE 1983-1 and TBS #1 listed petitioner as a                  
          partner in these Hoyt partnerships.                                         
               Finally, Mr. Bartak may have taken the initiative and played           
          a more dominant role in deciding to invest in the Hoyt                      
          partnerships, but petitioner agreed to invest in the Hoyt                   
          partnerships and she did it jointly with Mr. Bartak.  Petitioner            
          testified that she thought that she and Mr. Bartak personally               
          owned the cattle at the Hoyt ranches.  Additionally, petitioner             
          admitted, in her petition and the notice of election to                     
          participate in Shorthorn Genetic Engg. 1982-2, Ltd. v.                      
          Commissioner, T.C. Memo. 1995-515, to being a partner in SGE                
          1983-1.                                                                     
               Accordingly, we conclude that the understatements are not              
          attributable to the erroneous items of one individual filing the            
          joint returns.  See Ellison v. Commissioner, T.C. Memo. 2004-57,            
          (investment in Hoyt partnership was attributable to the taxpayer            
          requesting section 6015 relief because she was a partner in the             
          Hoyt partnership); Doyel v. Commissioner, T.C. Memo. 2004-35                
          (same).                                                                     
               The failure to meet the requirements of section                        
          6015(b)(1)(B) is sufficient for us to find that petitioner does             






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