- 12 - including the credibility of the spouse seeking relief. See Estate of Sell v. Commissioner, T.C. Memo. 1993-325; Brailsford v. Commissioner, T.C. Memo. 1991-639. Because the burden is on the taxpayer to establish entitlement to relief from joint liability, see Adams v. Commissioner, 60 T.C. 300, 303 (1973), respondent does not act unreasonably in requiring better proof than mere assertions of entitlement to relief without independent corroboration, see Sliwa v. Commissioner, 839 F.2d 602, 608 (9th Cir. 1988). The limited information available to respondent’s Appeals officer and district counsel when the notice of deficiency was issued and when the answer was filed included information that petitioner had failed to cooperate with requests for information, that petitioner’s and Theron’s expenses were greater than the income reported on their 1990 return, that petitioner was living in the house where drugs were discovered upon Theron’s arrest in 1991, and that petitioner remained married to Theron. On the basis of this information, respondent would have been reasonable in concluding that petitioner may have known or have had reason to know of the unreported income, and thus would not be entitled to relief from joint liability under former section 6013(e). Indeed, even after submission of all the evidence by both parties at trial, it was not a foregone conclusion that respondent’s asserted deficiency for 1990 would not be sustained–-aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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