- 27 - attributable to a deduction that had no basis in fact or law; (4) this deduction is a grossly erroneous item; and (5) in accordance with the requirements of section 6013(e)(4), the understatement exceeds the required percentage of Nancy's 1988 income. Still in dispute is whether Nancy satisfies the following requirements: (1) The State Coal royalty deduction is an item of Sheldon; (2) at the time the 1981 tax return was signed Nancy did not know, and had no reason to know, of the substantial understatement of tax; and (3) it is inequitable to hold Nancy liable for the deficiency. We consider these disputed matters seriatim. A. Item "of" Sheldon Respondent contends that petitioners have failed to prove that Nancy did not write any checks to buy the interest in State Coal, and thus that petitioners have failed to prove that the State Coal royalty deduction is an item of Sheldon. Petitioners contend that Nancy played no role in the decision to buy the interest in State Coal, that Nancy's name does not appear on any document purporting to grant an interest or impose an obligation regarding State Coal, and that the total amount required to buy the interest in State Coal was paid by Sheldon from his individual accounts. We agree with petitioners.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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