Ann E. Bartak - Page 34

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               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.                                          






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