- 21 - petitioner attended some horse shows, and petitioner testified that the horse activity was a fun thing for Mr. Rowe to do with his son on the weekends. We found that the farming activity was allocable to Mr. Rowe because petitioner had little or no involvement in the activity, and she did not know that her name was listed on the tax returns as a proprietor of the activity. With respect to whether petitioner had actual knowledge of this item, we relied on our recent decision in King v. Commissioner, 116 T.C. 198 (2001), for the proposition that respondent was required to show that petitioner knew or believed that Mr. Rowe was not engaged in the farming activity for profit. Because respondent failed to establish that petitioner knew or believed that Mr. Rowe was not engaged in the farming activity for profit, we held that petitioner was entitled to relief for the farming activity losses. As we noted in our previous opinion, the legislative history of section 6015(c) indicates that the allocation of business deductions is expected to follow the ownership of the business, and personal deduction items are expected to be allocated equally between spouses, unless the evidence shows that a different allocation is appropriate. S. Rept. 105-174, at 56-57 (1998), 1998-3 C.B. 537, 592-593. In the instant case, petitioner was listed on the joint tax returns as a proprietor of the farmingPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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