- 2 - P contends that she is an innocent spouse pursuant to sec. 6015(b)(1), I.R.C. Additionally, P contends that it was an abuse of R's discretion not to allow equitable relief pursuant to sec. 6015(f), I.R.C. Alternatively, P contends that she is entitled to proportionate relief, pursuant to sec. 6015(b)(2), I.R.C., for a portion of the omitted income. P contends that the Tax Court has jurisdiction to review R's determination that P is not entitled to equitable relief pursuant to sec. 6015(f), I.R.C. R contends that P is not entitled to innocent spouse relief pursuant to either sec. 6015(b)(1), I.R.C., or sec. 6015(f), I.R.C., and contends that we do not have jurisdiction to review R's denial of relief pursuant to sec. 6015(f), I.R.C. Held: P had reason to know of the understatement on P's and H's joint return, and, therefore, P is not entitled to innocent spouse relief, pursuant to sec. 6015(b)(1), I.R.C. Held, further, P's motion to reopen the record to introduce evidence as to P's ability to qualify for proportionate innocent spouse relief pursuant to sec. 6015(b)(2), I.R.C., is denied. Held, further, On the basis of the evidence in the record, P is not entitled to proportionate innocent spouse relief pursuant to sec. 6015(b)(2), I.R.C. Held, further, The Tax Court has jurisdiction to review for abuse of discretion R's decision to deny P's request for equitable relief pursuant to sec. 6015(f), I.R.C. Held, further, R's denial of P's request for equitable relief was not an abuse of discretion. Robert H. Culton II, for petitioners. Michael D. Zima, for respondent. OPINION WELLS, Judge: Respondent determined a deficiency in petitioners' Federal income tax for the taxable year 1992 in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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