- 16 -
corporation was transferred from Ms. Gutierrez to him pursuant to
their marital settlement agreement.
As noted, petitioner was obviously aware that many of his
and his family’s personal expenses were being paid by CWS during
each year in issue. He wrote checks drawn on corporate accounts,
and very well might have prepared other checks for the signature
of Ms. Gutierrez. He was equally aware that during 1995 CWS
transferred the Mystic Lake property to Ms. Gutierrez and
himself. We find that respondent has demonstrated that
petitioner had actual knowledge that the shareholder pro
rata share of CWS’s income was not properly reported on his
joint Federal income tax return for either year in issue.
Consequently, petitioner is not entitled to relief under section
6015(c) for either year, regardless of how items giving rise to
the deficiencies would be allocated under section 6015(d).
Request for Relief Under Section 6015(f)
To the extent that petitioner is not entitled to relief
under section 6015(c), he requests relief under section 6015(f).
Section 6015(f) allows for relief from joint and several
liability stemming from a joint Federal income tax return if,
taking into account all of the facts and circumstances, it is
inequitable to hold the requesting individual liable for any
unpaid tax or any deficiency or any portion thereof. Sec.
6015(f)(1).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011