Raymond F. Kling and Barbara K. Kling - Page 52




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          memorabilia during the years at issue.  He made several sales of            
          baseball cards during 1991 and 1992 the gains from which were not           
          reported on petitioners' returns.  The fact that he may have used           
          the proceeds to purchase other cards or memorabilia, does not               
          exclude the gain from petitioners' income in the year of the                
          sale.                                                                       
               Petitioners have offered no reasonable explanation for their           
          failure to report all the income from Raymond's sports                      
          memorabilia activity.  Therefore, petitioners are liable for the            
          accuracy-related penalty under section 6662(a).                             
          Issue 4.  Whether Petitioner Barbara Kling Is Eligible for Relief           
          Under Section 6015 With Respect to Any Understatement of Tax                
          Attributable to the Sports Memorabilia Activity                             
               In the petition, Barbara alleged that she was entitled to              
          relief pursuant to section 6013(e).  Prior to the trial in this             
          case, Congress enacted section 6015, and simultaneously repealed            
          section 6013(e).7  Section 6015 provides three avenues of relief            
          from joint and several liability:  (1) Section 6015(b)(1) (which            
          is similar to former section 6013(e)) allows a spouse to escape             
          completely joint and several liability; (2) section 6015(b)(2)              
          and (c) allow a spouse to elect limited liability through relief            
          from a portion of the understatement or deficiency; and (3)                 
          section 6015(f) confers upon the Secretary discretion to grant              

               7Sec. 6015 generally applies to any liability for tax                  
          arising after July 22, 1998, and any liability for tax arising on           
          or before July 22, 1998, that remains unpaid as of such date. See           
          H. Conf. Rept. 105-599, at 251 (1998), 1998-3 C.B. 747, 1005.               





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