- 8 - understatement and thereby is effectively precluded from establishing to the contrary.” Id. Petitioner is not entitled to relief from joint and several liability under section 6015(b). With respect to the disallowed rental loss deductions, we find that petitioner was fully aware of all the underlying factual circumstances concerning the rental of the condominium unit to her own daughter. Petitioner argues that, while she may have known of the rental income, she did not have any knowledge concerning the rental expenses which led to the losses. Contrary to petitioner’s assertion, the disallowed loss deductions were the result of the application of the section 469 passive activity loss rules, not the claimed expense deductions--respondent has not challenged the legitimacy of the expenses themselves. Thus, petitioner’s request for relief essentially is based upon ignorance of the law; namely, ignorance of the passive activity loss limitations of section 469. Ignorance of the law is not a basis for section 6015(b) relief. Mitchell v. Commissioner, supra; Cheshire II, supra; Price v. Commissioner, supra. With respect to the disallowed charitable contribution deductions, petitioner did not make a significant contribution herself, she was unaware of a single contribution made by Mr. Elesh, and her characterization of Mr. Elesh at trial was of someone very unlikely to make such large cash contributions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011