Barbara A. Owen - Page 4

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          they appointed Mr. Hoyt to act on their behalf with regard to               
          partnership matters and reaffirmed their prior debt assumption              
          agreement with the Hoyt partnership.                                        
               Petitioner and Mr. Owen filed joint Federal income tax                 
          returns for 1982 through 1996 on which they claimed substantial             
          losses and an investment credit related to their DGE investment.            
          The DGE deductions and credits claimed by the Owens significantly           
          reduced their taxable income and overall Federal income tax                 
          liabilities for 1982 through 1996.  As a result of our decision             
          in Shorthorn Genetic Engg. 1982-2, Ltd. v. Commissioner, T.C.               
          Memo. 1996-515, on July 18, 1997, petitioner and Mr. Owen entered           
          into a closing agreement with respondent concerning the tax                 
          consequences of the DGE investment, which resulted in income tax            
          deficiencies for 1982 through 1995.3                                        
               On April 29, 2000, Mr. Owen died.  On or about July 21,                
          2000, petitioner submitted Form 8857, Request for Innocent Spouse           
          Relief (And Separation of Liability and Equitable Relief), on               
          which she requested relief from joint and several liability for             
          1982 to 1997.  Petitioner attached a supporting statement to the            
          request in which she represented that she was not involved in the           
          DGE investment and did not financially benefit from it.                     
          Petitioner argued that she met each requirement of section                  


               3Under the closing agreement, petitioners were not liable              
          for any deficiencies in income tax for 1996 or 1997.                        





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