Claudia F. Walker - Page 27

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          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 would           






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