- 26 - 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.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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