Ann E. Bartak - Page 26

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               Petitioner was aware of the large deductions taken on her              
          joint tax returns associated with the Hoyt investments.  The Hoyt           
          investment materials she was shown and had the opportunity to               
          review apprised her of tax risks associated with the investment.            
          These facts establish that petitioner had “reason to know”.  See            
          Jonson v. Commissioner, 118 T.C. at 117.                                    
               Petitioner and her husband testified that petitioner was               
          aware of the investment in the Hoyt partnerships, that she had              
          access to all of the files/information regarding the Hoyt                   
          investment, and that Mr. Bartak made no effort to deceive                   
          petitioner regarding the family’s financial affairs.  This                  
          further supports a finding that petitioner had reason to know of            
          the understatement.  Id. at 118.                                            
               Petitioner claims that Mr. Hoyt’s deceit is relevant to the            
          determination of “reason to know”.  Although Mr. Hoyt’s deceit              
          may be relevant, it does not lead to the result petitioner seeks.           
               The purpose of section 6015 relief is to protect one spouse            
          from the overreaching or dishonesty of the other.  Purcell v.               
          Commissioner, 826 F.2d 470, 475 (6th Cir. 1987), affg. 86 T.C.              
          228 (1986).  Relief is inappropriate where it would allow the               
          requesting spouse to escape liability for apparently legitimate             
          claims that are later disallowed.  See Bartlett v. Commissioner,            
          T.C. Memo. 1997-413.                                                        
               As was the case in Mora v. Commissioner, 117 T.C. 279, 288             






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