Susan L. Abelein - Page 44

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          intentional deception of petitioner about the underlying                    
          circumstances that gave rise to the understatement.  Although we            
          may consider other factors in addition to those set forth in Rev.           
          Proc. 2000-15, supra, we have previously rejected petitioner’s              
          argument and denied innocent spouse relief in cases where neither           
          spouse knew of the facts that provided the basis for the                    
          disallowance of partnership losses on their joint returns.                  
          Capehart v. Commissioner, supra; Bartak v. Commissioner, T.C.               
          Memo. 2004-83; Ellison v. Commissioner, T.C. Memo. 2004-57; Doyel           
          v. Commissioner, T.C. Memo. 2004-35.  The purpose of section 6015           
          is to protect one spouse from the overreaching or dishonesty of             
          the other spouse.  Bartak v. Commissioner, supra (citing Purcell            
          v. Commissioner, 826 F.2d 470, 475 (6th Cir. 1987), affg. 86 T.C.           
          228 (1986)).  Where the understatement is attributable to the               
          mistaken belief of both the requesting spouse and the other                 
          spouse as to the legitimacy of the tax shelter deductions, we               
          have held that it is not inequitable to hold both spouses jointly           
          and severally liable.  Bokum v. Commissioner, 94 T.C. 126, 146              
          (1990), affd. 992 F.2d 1132 (11th Cir. 1993); McCoy v.                      
          Commissioner, 57 T.C. 732, 735 (1972); Bartak v. Commissioner,              
          supra; Ellison v. Commissioner, supra; Doyel v. Commissioner,               
          supra.                                                                      









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