Andrew J. Zoglman - Page 12

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          Morrison could receive benefits retroactively from the date of              
          her application.                                                            
               Further, Ms. Morrison’s testimony was more consistent with             
          the overall record than that of petitioner, making her the more             
          credible witness.  We are therefore persuaded by her testimony              
          that petitioner learned of the existence and amount of the                  
          benefits through:  (1) Ms. Morrison’s presentation of her                   
          benefit statement to the joint return preparer; and (2)                     
          conversations between Ms. Morrison and petitioner.                          
               Petitioner’s knowledge of the understatement is, by itself,            
          fatal to his claim for partial relief under section 6015(b)(2).             
          Even if we were to assume that petitioner did not know or have              
          reason to know of a portion of the understatement, he would not,            
          in other respects qualify for partial relief under section                  
          6015(b)(2).  Under that section, petitioner must also establish             
          that he satisfies the requirements of subparagraphs (A), (B), and           
          (D) of section 6015(b)(1), with respect to a portion of an                  
          understatement for which he lacked knowledge or a reason to know.           
          See sec 1.6015-2(e)(1) Income Tax Regs.  The record reflects                
          that, with respect to the entire understatement, petitioner met             
          the requirements of subparagraphs (A) and (B).  However,                    
          petitioner failed to meet the requirement of subsection (D) that            
          it would be inequitable to hold petitioner and Ms. Morrison                 
          jointly and severally liable for the deficiency.                            






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