Vonnie W. Gillispie - Page 9




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          business receipts.  Intervenor claims that petitioner maintained            
          business records for Mike’s Painting on her computer and that he            
          was not involved in keeping the records.  Intervenor also claims            
          that petitioner should be held liable for the deficiency                    
          attributable to the business because joint returns were filed for           
          1993, and petitioner was responsible for putting together the               
          information that was used to complete the Schedule C for Mike’s             
          Painting.                                                                   
               Respondent contends that he cannot demonstrate that                    
          petitioner had “actual knowledge” and, therefore, proposes to               
          grant petitioner relief under section 6015(c).  Respondent argues           
          that since intervenor has not introduced credible evidence                  
          demonstrating that petitioner had actual knowledge of any item              
          creating the deficiency, petitioner is entitled to relief under             
          section 6015(c).  Intervenor has filed his notice of intervention           
          for the purpose of opposing petitioner’s claim for relief under             
          section 6015.  If intervenor can establish that petitioner had              
          “actual knowledge” of the erroneous business deductions, then               
          petitioner should not be entitled to relief under section                   
          6015(c).                                                                    
               The relevant inquiry is whether petitioner knew or believed            
          that the costs and business expenses reported on the 1993 return            
          were overstated.  Rowe v. Commissioner, supra.  At trial,                   
          petitioner credibly testified that she was not involved in the              






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