Stanley K. and Tomi L. Baumann - Page 2

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          nonrequesting spouse, petitioner Stanley K. Baumann (Stanley),              
          did not object when the requesting spouse, petitioner Tomi L.               
          Baumann (Tomi), amended the deficiency petition to include the              
          claim for relief under section 6015, Stanley now objects after              
          respondent determined that Tomi qualifies for relief.  Stanley              
          objects by arguing that, despite Stanley’s being allowed to                 
          participate in respondent’s determination whether Tomi qualified            
          for relief, respondent nonetheless abused his discretion in                 
          granting relief under section 6015(f) because respondent did not            
          examine all the facts and circumstances as required under section           
          6015(f).  The issue for decision is whether respondent abused his           
          discretion in granting Tomi relief from joint and several                   
          liability under section 6015(f).  We hold that he did not.                  
                                  FINDINGS OF FACT                                    
          Background                                                                  
               Petitioners, while married, timely filed their joint Federal           
          income tax return for 1998.  Respondent sent a joint notice of              
          deficiency to petitioners on April 4, 2001, in which respondent             
          determined an income tax deficiency against petitioners of                  
          $11,756 for 1998 and an accuracy-related penalty of $2,351 under            
          section 6662(a).  The deficiency was attributable to respondent’s           
          disallowing gambling losses in excess of gambling income under              
          section 165(d) instead of allowing Stanley to claim his gambling            
          losses against income from his drywall construction business.               






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