Patricia M. Mora, F.K.A. Patricia Rasberry - Page 20




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          See Culver v. Commissioner, 116 T.C. 189 (2001) (burden of proof            
          under section 6015 normally on the taxpayer, except under                   
          section 6015(c)(3)(C) actual knowledge test).                               
               Petitioner has met her burden of establishing that the items           
          making up the deficiency are attributable to intervenor and not             
          to her.  Petitioner established by a preponderance of the                   
          evidence that she had no involvement in the decision to invest in           
          the Shorthorn partnership or to have the Hoyt organization                  
          prepare their joint income tax returns.  She signed none of the             
          documents for the Shorthorn partnership offered in evidence.                
          There was no firm credible evidence that petitioner had any                 
          involvement with the Hoyt organization.  Intervenor admitted that           
          he was the one who was introduced to the Hoyt organization by a             
          coworker.  He admitted to attending an introductory Hoyt meeting            
          and to deciding to participate in the Shorthorn partnership.  He            
          delivered his and petitioner’s tax information to the Hoyt                  
          organization to prepare their tax returns.  The deduction of                
          excessive losses from the Shorthorn partnership is therefore                
          attributable entirely to intervenor’s activities and his                    
          partnership interest and would have been allocated entirely to              
          him if the spouses had filed separate returns.8  Petitioner is              


               8Determinations made under sec. 6015 are made without regard           
          to community property laws.  Sec. 6015(a) (flush language).                 
          Therefore, petitioner’s potential interest in the Shorthorn                 
          partnership as a result of the community property laws is ignored           
                                                             (continued...)           





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