- 9 - uncorroborated or self-serving testimony. Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Although petitioner disputed some of Mrs. Parker's statements, we found Mrs. Parker to be a credible witness. Petitioner was not credible. Our evaluation of their testimony is founded upon "the ultimate task of a trier of the facts--the distillation of truth from falsehood which is the daily grist of judicial life." Diaz v. Commissioner, 58. T.C. 560, 564 (1972). Accordingly, our analysis below is based primarily on, and limited by, what could be reliably drawn from the totality of the evidence and testimony. First, we consider whether petitioner is entitled to relief under section 6015(b)(1). To be entitled to relief under section 6015(b)(1), petitioner must satisfy all of the requirements of subparagraphs (A) through (E). There is no dispute that petitioner satisfies subparagraphs (A) and (E). We begin our discussion with subparagraph (C). Section 6015(b)(1)(C) requires that the requesting spouse did not know, or have reason to know, of the erroneous tax return item. For purposes of section 6015(b) relief, petitioner only contends to lack knowledge with respect to Mrs. Parker’s pension distributions. Respondent contends that petitioner knew, or had reason to know, of Mrs. Parker’s pension distributions and, therefore, fails to satisfy the requirement of subparagraph (C). When the substantial understatement of tax liability isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011