Carl Dimichele and Eileen Dimichele - Page 28

             Street properties or of the sale of those properties on                  
             December 30, 1986.  The only reference to the properties in              
             petitioner's post-trial briefs is the following objection                
             to one of respondent's proposed findings of fact:                        

                       [The] Notice of deficiency issued to                           
                  Petitioners on March 19, 1990 does not take                         
                  into consideration that Petitioner-Wife had                         
                  no ownership interest in the Fitzwater Street                       
                  property and that petitioner-Husband did not                        
                  receive any actual cash on December 30, 1986                        
                  and after deducting the cost for the property,                      
                  husband only received $11,700 which was his                         
                  half of the profit with his partner.                                

                  We cannot accept petitioner's denial of "involvement                
             in purchasing or any aspect of" the Fitzwater Street                     
             properties to mean that she did not know or have reason                  
             to know of the gain from the sale of those properties on                 
             December 30, 1986.  On that basis alone, we find that                    
             petitioner failed to meet her burden of proof under section              
             6013(e)(1)(C).  Furthermore, petitioner's testimony that                 
             she relied on her husband concerning the purchase and sale               
             of real property is not sufficient to satisfy the lack of                
             knowledge requirement of section 6013(e)(1)(C).  The                     
             innocent spouse exemption was not intended to protect a                  











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