- 29 - No such untoward circumstances are present in this case. It is clear that there was no concealment on Christopher’s part. Christopher never hid information from petitioner, petitioner was welcome to read all the Hoyt investment materials, Christopher was always willing to discuss the Hoyt investment with petitioner, petitioner never asked any questions about the Hoyt partnership investment until she and Christopher declared bankruptcy (after the years in issue), and petitioner did not question the large deductions associated with the Hoyt investment. Additionally, the evidence established that Christopher never attempted to deceive her with respect to their financial affairs. As we noted supra, 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. The understatement in tax in this case is attributable to a mistaken belief on the part of both petitioner and Christopher 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, 992 F.2d at 1135; McCoy v. Commissioner, 57 T.C. 732, 735 (1972). We have also considered other factors that are relevant to whether it would be inequitable to hold petitioner liable. We find that petitioner will not experience economic hardship ifPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011