Betsy O. Muhn - Page 11

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          gross income and petitioner's bank statements would have revealed           
          that expenses exceeded reported adjusted gross income by almost 2           
          to 1.    See Chandler v. Commissioner, supra; Tafolla v.                    
          Commissioner, T.C. Memo. 1991-576.  The record does not indicate            
          that petitioner was prohibited from reviewing those documents or            
          investigating the family finances, or that Mr. Muhn was deceitful           
          about the family finances.  See Cousins v. Commissioner, T.C. Memo.         
          1995-129.  Such an inquiry would have seemed appropriate given that         
          the 1991 return was filed during Mr. Muhn's audit.  Thus, we hold           
          that petitioner is not entitled to innocent spouse relief with              
          respect to the net income from PFA.                                         
          2.  Inequities of Holding Petitioner Liable                                 
               Assuming arguendo that petitioner did not know or did not have         
          reason to know of the omitted income on the 1991 Federal income tax         
          return, petitioner failed to meet her burden of proof with respect          
          to the inequities of holding her liable for the deficiencies and            
          additions to tax.  Rule 142(a).                                             
               In examining the inequity of holding petitioner liable, we             
          focus on whether she received significant benefit from the omission         
          of income, Estate of Krock v. Commissioner, 93 T.C. 672, 677-678            
          (1989), and whether she was deserted, divorced, or separated, sec.          
          1.6013-5(b), Income Tax Regs.  We may also consider whether                 
          petitioner will suffer undue hardship as a result of the                    







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