Patricia M. Mora, F.K.A. Patricia Rasberry - Page 26




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          petitioner did not pay any taxes on her separate return share of            
          the income.  Therefore, she received a tax benefit from                     
          intervenor’s erroneous deductions that must be taken into account           
          in determining the extent to which petitioner is entitled to                
          relief from joint and several liability.                                    
               In order to determine the relief to which petitioner is                
          entitled, the parties must determine the proportion of the                  
          erroneous Shorthorn partnership deduction that resulted in a tax            
          benefit to petitioner.  The Shorthorn partnership deduction is              
          first attributed to intervenor to the extent of intervenor’s                
          separate return income.  The balance of the deduction benefited             
          petitioner by reducing petitioner’s separate return income.                 
          Petitioner is liable for the proportion of the deficiency equal             
          to the proportion of the total Shorthorn partnership deduction              
          which benefited her.  For example, if petitioner benefited from             
          25 percent of the Shorthorn partnership deduction, she would be             
          liable for 25 percent of the deficiency and entitled to relief              
          from joint and several liability for 75 percent of the                      
          deficiency.  Any amounts previously collected from petitioner and           
          intervenor should be appropriately credited after determining               
          petitioner’s liability for the deficiency.                                  











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