Verna Doyel - Page 26

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               Petitioner and her husband testified that petitioner was               
          aware of the investment in the Hoyt partnerships, she had access            
          to all of the files/information regarding the Hoyt investment,              
          and that Christopher 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.  Jonson v. Commissioner, supra 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 at 475.  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             
          (2001), where we denied relief under section 6015(b) in a case              
          involving Hoyt investments, neither petitioner nor Christopher              
          knew the facts that made the flowthrough losses from the Hoyt               
          partnerships unallowable as deductions on their joint returns and           
          both petitioner and Christopher put their trust in the Hoyt                 
          organization to determine the basis for, propriety of, and amount           
          of their deductions.                                                        






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