Ann E. Bartak - Page 21

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                                       OPINION                                        
          I.   Evidentiary Issue                                                      
               As a preliminary matter, we must decide whether a document             
          petitioner submitted during the trial of this case should be                
          admitted into evidence.  At trial, petitioner sought to introduce           
          a “fraud referral” memorandum for Walter J. Hoyt III (Exhibit               
          187-P).  Respondent objected to the admission of Exhibit 187-P on           
          the grounds of authentication, relevance, and hearsay.  We                  
          reserved ruling on Exhibit 187-P’s admissibility.                           
               Petitioner failed to make any arguments regarding the                  
          admissibility of Exhibit 187-P in her opening brief.  In her                
          reply brief, petitioner stated:  “Petitioner has addressed the              
          relevance and purpose of Exhibit 187-P in her opening brief, in             
          the context of proposed findings of fact.”                                  
               For the reasons stated in Doyel v. Commissioner, T.C. Memo.            
          2004-35 (abandonment, hearsay, lack of authenticity, relevancy,             
          and wastefulness), we do not admit Exhibit 187-P into evidence.             
          II. Section 6015 Relief                                                     
               In general, spouses filing joint Federal income tax returns            
          are jointly and severally liable for all taxes due.  Sec.                   
          6013(d)(3).  Under certain circumstances, however, section 6015             
          provides relief from this general rule.  Except as otherwise                
          provided in section 6015, petitioner bears the burden of proof.             








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