Marianne Hopkins - Page 17

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          a Schedule K-1, Partner’s Share of Income, Credits, Deductions,             
          etc., for 1985, which reports Mr. Hopkins as a partner in Far               
          West Drilling.  We find that the Far West Drilling deductions are           
          Mr. Hopkins’s items.                                                        
               On brief, respondent argues that “Petitioner is not entitled           
          to relief under I.R.C. � 6015(c) for the disallowed casualty                
          losses due to the fact that petitioner owned the residence.                 
          Thus, the deficiencies arising from the disallowed casualty                 
          losses were due to her own item and she remains liable.”                    
               Section 6015(c) requires an allocation of the items giving             
          rise to a deficiency to be made under section 6015(d)(3).                   
          Generally, any item giving rise to a deficiency on a joint return           
          shall be allocated to individuals filing the return in the same             
          manner as it would have been allocated if the individuals had               
          filed separate returns for the taxable year.  Sec.                          
          6015(d)(3)(A).18  However, section 6015(d)(3)(B) provides an                


               18Sec. 6015(d)(3) provides in part:                                    
                    SEC. 6015(d).  Allocation of Deficiency.--For                     
               purposes of subsection (c)--                                           
                    *     *     *     *     *     *     *                             
                         (3)  Allocation of items giving rise to the                  
                    deficiency.--For purposes of this subsection--                    
                              (A)  In general.--Except as provided in                 
                         paragraphs (4) and (5), any item giving rise                 
                         to a deficiency on a joint return shall be                   
                         allocated to individuals filing the return in                
                                                             (continued...)           




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