S.W. DePasture - Page 13





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          distributed.  We could accept petitioner’s estimate of the value            
          of the land and respondent’s estimate of the value of the                   
          improvements, except by doing so the overall value would then               
          exceed the estimate of each party.                                          
               Under the circumstances, we accept respondent’s estimate of            
          the fair market value of the Mystic Lake property.  In so doing             
          we find the resulting capital gain realized by CWS to be $38,990            
          ($168,489 fair market value as determined here, minus $129,499              
          adjusted basis of the property, as stipulated).  Therefore, in              
          accordance with the foregoing, we sustain respondent’s                      
          determination that shareholder pro rata capital gain income from            
          CWS is understated on petitioner’s 1995 return.  In addition, we            
          sustain respondent’s determination that shareholder pro rata                
          ordinary income from CWS is understated on petitioner’s return              
          for each year in issue.                                                     
          2.  Claim for Relief Under Section 6015                                     
               In general, “spouses filing a joint tax return are each                
          fully responsible for the accuracy of their return and for the              
          full tax liability.”  Butler v. Commissioner, 114 T.C. 276, 282             
          (2000); see sec. 6013(d)(3).  “Section 6015, however, provides              
          various means by which a spouse can be relieved of this joint and           
          several obligation.”  Alt v. Commissioner, 119 T.C. 306, 311                
          (2002).  Petitioner makes a claim for such relief in this case              
          under section 6015(c) and (f) in the petition filed in this case.           






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