- 13 - to hold her responsible for the understatement based on her response to questions about vacations and jewelry and separate accounts. She relies on the absence of the factors listed in the statute as disqualifications, such as fraudulent intent or transfers of property to avoid tax. Otherwise, she has not cited any evidence from which we could conclude that respondent abused his discretion in denying relief under section 6015(f). See Cheshire v. Commissioner, 115 T.C. 183, 198 (2000). Because of the gaps in the record, we need not discuss the separate elements of each type of relief provided by section 6015. The record is insufficient for us to conclude that petitioner is entitled to relief. At the time of trial, the original returns that were sent to the Internal Revenue Service were not available. Petitioner’s counsel stated at trial that “we’ve got unsigned copies”, but the copies were not produced. During the administrative consideration of petitioner’s claim for relief under section 6015, petitioner was invited to present additional information, but no further information was provided by petitioner. The absence of corroborative testimony or documentation in this case is troublesome. Petitioner’s counsel claimed to have served a subpoena duces tecum for trial on H. Smith and only belatedly stated to the Court that the subpoena had been disregarded. Counsel cited H. Smith’s failure to appear asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011