- 34 - The purpose of section 6015 is to protect one spouse from the overreaching or dishonesty of the other. See Purcell v. Commissioner, 826 F.2d at 475. The understatement in tax in this case is attributable to a mistaken belief on the part of both petitioner and Mr. Bartak as to the legitimacy of the tax shelter deductions. Under these circumstances, we perceive no inequity in holding both spouses to joint and several liability. 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). In considering all the facts and circumstances, it is worth noting that petitioner was skeptical about the supposed tax benefits provided by the Hoyt partnerships. Petitioner testified that she was uncomfortable with the Hoyt partnerships because she was leery that “something like this” (i.e., the tax problems) would happen and that she “had a real foreboding about it”. Petitioner also testified that she had an uneasy feeling about the tax aspects of the Hoyt partnerships. Furthermore, petitioner and Mr. Bartak took Hoyt partnership deductions on their 1983 return. Mr. Bartak testified that he thought he and petitioner invested in SGE 1983-1 in 1983. They did not sign any documents, however, related to their investment in a Hoyt partnership until April 1984. Taking deductions for years prior to their investment in the Hoyt partnerships should have raised additional suspicions.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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