Estate of Keith L. Gurr - Page 15




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          Because these requisites are stated in the conjunctive, it is               
          necessary that the taxpayer claiming relief establish that all              
          requisites of section 6015(b)(1)(A) through (E) have been met.              
          Mitchell v. Commissioner, T.C. Memo. 2000-332; Kalinowski v.                
          Commissioner, T.C. Memo. 2001-21.                                           
               Respondent agrees that petitioner satisfies the requirements           
          of section 6015(b)(1)(A), (B), and (E) for both years at issue.             
          Respondent further agrees that, for 1992, petitioner satisfies              
          the requirements of section 6015(b)(1)(C) because petitioner did            
          not know and had no reason to know of the understatement, since             
          petitioner did not sign the 1992 return and did not know the                
          contents of that return.                                                    
               For 1993, respondent contends that petitioner knew or had              
          reason to know of the understatement of tax and, therefore, fails           
          to satisfy section 6015(b)(1)(C).  Respondent also contends that,           
          as to both 1992 and 1993, taking into account all the facts and             
          circumstances, it would not be inequitable to hold petitioner               
          liable for the understatement under section 6015(b)(1)(D).                  
               With respect to the 1993 return, the Court is satisfied from           
          the record that petitioner had reason to know of the                        
          understatement.  Both petitioner and her daughter were more than            
          just skeptical about the substantial carryover loss.  They                  
          questioned the past credibility of Mr. Gurr, and, moreover,                 
          neither petitioner nor her daughter was satisfied with the                  





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