Quentin Paul DeFore - Page 11

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          each other but merely divided responsibility for monthly bills.             
          Petitioner did not know how much or how often Ms. DeFore received           
          payment from Mr. Hall.  Petitioner testified he had “no earthly             
          idea” how much money Ms. DeFore received from Mr. Hall in 2001.             
          The Court has no reason not to believe him.  Moreover, petitioner           
          believed and knew that Ms. DeFore worked for Mr. Hall; however,             
          the record does not suggest a finding that petitioner knew that             
          Ms. DeFore’s compensation for her services for Mr. Hall came from           
          three separate sources.  Petitioner believed that the one                   
          information return Ms. DeFore presented to the income tax return            
          preparer reflected her sole earnings that year.  Petitioner,                
          therefore, had no actual knowledge that there were two                      
          undisclosed information returns from Mr. Hall that would fully              
          represent Ms. DeFore’s income for 2001.  Therefore, petitioner              
          qualifies for relief under section 6015(c).5  Thus, the                     
          procedures in section 6015(d) to allocate items between                     
          petitioner and Ms. DeFore apply.                                            
               For purposes of section 6015(c), the item giving rise to the           
          deficiency on a joint return is allocated as if the individuals             
          had filed separate returns.  Sec. 6015(d)(3)(A).  Since the                 
          understatement in tax is entirely attributable to Ms. DeFore’s              
          omitted income, it follows that the entire amount of the                    

               5    Because the Court has granted petitioner relief under             
          sec. 6015(c), it is not necessary to address whether petitioner             
          also qualifies for relief under sec. 6015(f).                               





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