John A. and Donna L. Rowe - Page 24




                                       - 24 -                                         
          financial and business affairs, and we accepted petitioner’s                
          testimony that the amount tithed to the church was Mr. Rowe’s               
          decision.  We held that petitioner was entitled to relief under             
          section 6015(c) for the half of the charitable contributions                
          allocable to Mr. Rowe.                                                      
               Respondent’s position that petitioner had actual knowledge             
          that charitable contributions for 1988 and 1989 were not made was           
          based on the fact that petitioner wrote the checks for the 1987             
          contributions, but no checks were presented to establish payments           
          to the church in 1988 and 1989.  Additionally, petitioner                   
          testified that she regularly attended the church and was very               
          involved in church activities.  Petitioner further testified that           
          she was “told when to write checks to the church”, and she wrote            
          checks only when directed by Mr. Rowe.  Under these                         
          circumstances, we believe that respondent had a reasonable basis            
          to argue that petitioner had actual knowledge that the charitable           
          contributions were not made in 1988 and 1989.                               
                    3.   Section 6015(f)                                              
               Section 6015(f) permits the Secretary to relieve a spouse of           
          liability if, taking into account all the facts and                         
          circumstances, it is inequitable to hold the spouse liable for              
          any unpaid tax or deficiency (or any portion of either) and                 
          relief is not otherwise available under section 6015(b) or (c).             
          Sec. 6015(f); Cheshire v. Commissioner, 115 T.C. 183, 197 (2000),           






Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011