John A. Rowe and Donna L. Rowe - Page 34




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          interest.  Petitioner agrees that she knew of the mortgage;                 
          however, she claims that she was unaware of the amount of                   
          interest paid or that it was incorrectly reported on the tax                
          return.                                                                     
               The evidence in the record demonstrates that petitioner                
          wrote the checks for the mortgage payments in 1987 and 1988.                
          However, there is no evidence that petitioner knew what portion             
          of the payments for 1987 constituted interest or the total amount           
          of interest paid in that year.  The testimony of both petitioner            
          and Mr. Rowe indicates that petitioner was given only the first             
          two pages of the tax return when signing the return and she was             
          not afforded the opportunity to see or review any attachments,              
          schedules, or other documents pertaining to the return.                     
          Therefore, respondent has failed to show that petitioner knew or            
          believed that the 1987 mortgage interest was overstated.                    
          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. 1988 Mortgage Interest                                   
               Petitioners claimed a home mortgage interest deduction of              
          $97,341 in 1988.  Petitioners substantiated $84,186 of the amount           
          claimed for the home mortgage interest deduction.  The notice of            
          deficiency for 1987, 1988, and 1989, provided the following                 








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