- 10 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011