John A. Rowe and Donna L. Rowe - Page 61




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          gains, mortgage interest, and charitable contributions items                
          allocable to petitioner.                                                    
          VIII.     Additions to Tax and Penalties                                    
               Respondent did not determine that the fraud additions to tax           
          pursuant to section 6653(b) for the taxable years 1987 and 1988,            
          and the fraud penalty pursuant to section 6663 for the taxable              
          year 1989, were applicable to petitioner.  On brief, respondent             
          concedes that to the extent any relief is granted for a portion             
          of the deficiencies, relief is automatic for the penalties                  
          related to that portion.  Petitioner concedes that the estimated            
          tax penalty pursuant to section 6654 for 1990 should be allocated           
          proportionally to the allocation of the underlying deficiency.              
          Petitioner contends that it is inequitable to hold her liable for           
          any remaining additions to tax or penalties.                                
               We have previously held that we have jurisdiction to review            
          the denial of relief from joint liability under section 6015(f)             
          for additions to tax and penalties.  Cheshire v. Commissioner,              
          115 T.C. at 197-199.  We review respondent’s refusal to grant               
          equitable relief for additions to tax or penalties under an abuse           
          of discretion standard.  Id. at 198.  In Cheshire v.                        
          Commissioner, supra, we provided the following guidance in                  
          determining whether respondent has abused his discretion in                 
          denying equitable relief in situations involving additions to tax           
          or penalties:                                                               






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