Marianne Hopkins - Page 16

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          Each individual who elects the application of section 6015(c)               
          shall have the burden of proof with respect to establishing the             
          portion of any deficiency allocable to such individual.  Sec.               
               Respondent argues that a portion of the Far West Drilling              
          deductions is attributable to petitioner.  He relies upon                   
          petitioner’s testimony in a prior Tax Court case that did not               
          concern petitioner’s or Mr. Hopkins’s investments in                        
          partnerships.  Petitioner testified under cross-examination in              
          that case:                                                                  
               Q    Isn’t it a fact, Mrs. Hopkins, that during 1980                   
               you invested money into Far West Drilling?                             
               A    Yes.                                                              
               Q    And wasn’t that at least $22,000?                                 
               A    Yes.                                                              
          In the instant case, petitioner testified that she misunderstood            
          the question; that she understood the question to refer to both             
          her and Mr. Hopkins; and that she personally invested nothing in            
          Far West Drilling.  Petitioner’s testimony is supported by                  
          correspondence from Far West Drilling and a note that Mr. Hopkins           
          signed in favor of the partnership, which indicates that Mr.                
          Hopkins invested in Far West Drilling.  The record also contains            

                    deficiency and allocable to the individual under                  
                    paragraph (3) bears to the net amount of all items                
                    taken into account in computing the deficiency.                   

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Last modified: May 25, 2011