- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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