Carl Dimichele and Eileen Dimichele - Page 29

             spouse who turns a blind eye to whether there is a                       
             substantial understatement of tax on a joint return.                     
             Bokum v. Commissioner, 94 T.C. at 148.                                   
                  For the reasons discussed above, we find that                       
             petitioner does not meet the requirements of section                     
             6013(e)(1)(C).  Accordingly, petitioner is not entitled                  
             to the relief provided by section 6013.  It is unnecessary               
             for us to consider petitioner's arguments under section                  
             6013(e)(1)(D).                                                           
             Additions to Tax for Fraud                                               
                  Respondent determined that Mr. DiMichele is liable                  
             for the additions to tax for fraud pursuant to section                   
             6653(b)(1) and (2) with respect to the underpayment of tax               
             for 1985.  However, as mentioned above, respondent does not              
             allege fraud by petitioner.  Accordingly, petitioner is not              
             liable for the additions to tax for fraud determined by                  
             respondent with respect to petitioner's joint return for                 
             1985.                                                                    
                  For the foregoing reasons,                                          

                                           Decisions will be entered                  
                                      for respondent, except as to                    










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