John A. and Donna L. Rowe - Page 21




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          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 farming              






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