- 44 - 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.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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