- 27 - had with Mr. Walker that he would report one-half of the gain resulting from the sale of petitioner’s undivided 50-percent interest in the Happy Valley property. In essence, petitioner argues that, even though she incorrectly reported the amount of the gain that she realized on the sale of her interest in the Happy Valley property on her 1997 and 1998 returns, we should conclude that she believed that such an agreement could shift a portion of her tax liability to Mr. Walker. Respondent counters by arguing that Mr. Walker never told petitioner, either orally or in writing, that he would pay any amount of the tax resulting from the sale of the Happy Valley property. As discussed above, the alleged agreement that petitioner argues existed between herself and Mr. Walker would not have relieved her from her duty to assess her correct tax liability for 1997 and 1998. See Pesch v. Commissioner, 78 T.C. at 129; Neeman v. Commissioner, 13 T.C. at 399; Estate of Ballantyne v. Commissioner, T.C. Memo. 2002-160; Bonner v. Commissioner, T.C. Memo. 1979-435. Furthermore, the evidence of the alleged agreement is conflicting and unreliable. Petitioner’s purported belief is ultimately attributed by her to the agreement that she would receive $500,000 in the divorce settlement free of tax and not to any agreement with Mr. Walker at the time of the 1997 transfers of the Happy Valley property. The Settlement Agreement’s terms, to the contrary, suggest that petitioner wouldPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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