John A. Rowe and Donna L. Rowe - Page 28




                                       - 28 -                                         
          other documents pertaining to the returns.  Petitioner testified            
          that Mr. Rowe assured her he had records for petitioners’ tax               
          returns.  Petitioner claims that she was unaware of any gain from           
          the sale of real estate and that she believed that all income,              
          capital gains or otherwise, was included on petitioners’ tax                
          returns.15                                                                  
               Petitioner has admitted that she knew Lots 22 and 27 were              
          sold in 1987.  However, respondent has not proven that petitioner           
          knew the amount of the gain on the sale, or even that any gain              
          was made on the sale.  Therefore, respondent has failed to                  
          establish that petitioner had actual knowledge of this item                 
          giving rise to a deficiency.  Accordingly, we hold that                     
          petitioner is entitled to relief from joint liability under                 
          section 6015(c) for the portion of this item allocable to Mr.               
          Rowe.                                                                       
                         ii. Anorada Property                                         
               Petitioner maintains that she was unaware that the Anorada             
          property was sold in 1988.  In connection with the sale of the              
          Anorada property, a settlement check dated September 30, 1988,              
          for $13,552.31 was written payable to “John Rowe and Donna Rowe”.           
          Petitioner claims that she did not endorse the settlement check             
          because the signature does not look like hers and because she               


               15We note that the first page of the 1987 return lists a               
          capital gain of $30,159, which is almost the same amount of gain            
          realized on the sale of Lots 22 and 27.                                     





Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011