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(D) taking into account all the facts and
circumstances, it is inequitable to hold the other
individual liable for the deficiency in tax for such
taxable year attributable to such understatement; and
(E) the other individual elects (in such form as
the Secretary may prescribe) the benefits of this
subsection not later than the date which is 2 years
after the date the Secretary has begun collection
activities with respect to the individual making the
election * * *.
The requirements of section 6015(b)(1) are stated in the
conjunctive. Accordingly, a failure to meet any one of them is
sufficient for us to find that petitioner does not qualify for
relief pursuant to section 6015(b). Alt v. Commissioner, 119
T.C. 306, 313 (2002).
Respondent contends that petitioner failed to establish the
requirements of subparagraphs (B), (C), and (D). Petitioner
admits that the Hoyt partnerships caused the erroneous items on
the returns. Petitioner, however, contends that the Hoyt
partnerships are not attributable to her.
Petitioner was a partner in the Hoyt partnerships. She
signed documents relating to her and Mr. Bartak’s investment in
the Hoyt partnerships. See Hayman v. Commissioner, 992 F.2d
1256, 1260-1261 (2d Cir. 1993), affg. T.C. Memo. 1992-228.
Although petitioner may have signed checks to the Hoyt
organization because Mr. Bartak asked her, some of the checks
made payable to Hoyt partnerships were drawn on petitioner and
Mr. Bartak’s joint bank account.
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