- 28 - We have found that Sheldon signed a series of documents in 1981 purporting to give Sheldon an interest in State Coal and purporting to impose obligations on Sheldon. Nancy is not named in any of these documents, did not sign any of these documents, and did not see any of these documents until late 1986, after Sheldon died. The second sublease purports to obligate Sheldon to pay $60,000 in cash and $1,540,000 in a promissory note on or before December 30, 1981, and to make a $40,000 principal payment on the promissory note on or before January 31, 1982. Sheldon paid the $60,000 and the $40,000 by checks drawn on his separate accounts, and he signed the promissory note. On the 1981 tax return, the $1,600,000 disallowed deduction is claimed on Schedule C, which shows Sheldon's name and Social Security number and does not show Nancy's name or Social Security number. If Sheldon and Nancy had filed separate tax returns for 1981, then the disallowed deduction would have been on Sheldon's tax return and not on Nancy's tax return. We conclude, and we have found, that the item from which Nancy seeks innocent spouse relief is an item “of” Sheldon, within the meaning of section 6013(e)(1)(B). Bokum v. Commissioner, 94 T.C. 140. On brief, respondent asserts that "It is uncertain whether the four checks were the total payment for the interest in State Coal because no evidence was offered of the total amount of thePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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