- 7 - that are attributable to his own erroneous items. See Hopkins v. Commissioner, 121 T.C. 73, 77 (2003). The unemployment compensation was solely attributable to petitioner, and he could not explain why it was omitted from the joint return. The disallowed itemized deductions, in the form of medical expense deductions and an employee business expense deduction, are not necessarily attributable to petitioner; however, as more fully discussed infra, petitioner had reason to know of the understatement in this regard. Accordingly, we agree with respondent that petitioner is not entitled to relief under section 6015(b) as to the unreported unemployment compensation and the disallowed itemized deductions. The disallowed Schedule C deductions are a different matter, however. Respondent does not appear to dispute that petitioner satisfies two elements of section 6015(b)(1); namely, those regarding joint return and timely election under section 6015(b)(1)(A) and (E), respectively. Thus, we consider whether petitioner satisfies the remaining three elements of section 6015(b) with respect to the Schedule C deductions for Wee Ones Child Care. One of the three remaining elements of section 6015(b) requires that the understatement of tax resulting from the disallowed Schedule C deductions is not attributable to petitioner. From a review of this record, we are satisfied thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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