Dorene Bulger - Page 8

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               4.   He or she is either divorced, widowed, legally                    
                    separated, or for the 12 months preceding the                     
                    election, was living apart from the non-electing                  
                    spouse;                                                           
                         NOT MET                                                      
               On March 10, 2003, we filed petitioner’s timely petition               
          seeking review of respondent’s determination pursuant to section            
          6015(e).  The petition, which stated that Mr. Bulger had died,              
          was the first notification to respondent of Mr. Bulger’s death.6            
          In the petition, petitioner alleged, in pertinent part, that                
          respondent erred in concluding petitioner did not qualify for               
          relief under section 6015(c) and that “Respondent made no effort            
          to prove, and failed to prove, that Petitioner had actual                   
          knowledge of the factual circumstances which made the tax items             
          unallowable as a deduction.”  As she had in her initial request             
          for relief and her administrative appeal, petitioner included an            
          extensive recitation of the facts on which she relied to support            
          her allegations, including the following:                                   
               o.   Neither Petitioner nor Mr. Bulger had actual                      
                    knowledge of the underlying problems with the                     
                    transactions, nor could they have discovered that                 
                    Jay Hoyt failed to transfer title of the livestock                
                    to the partnership and that he was otherwise                      
                    converting partnership assets.                                    
                             *   *   *   *   *   *   *                                




               6On Apr. 14, 2003, after speaking with respondent,                     
          petitioner also provided respondent with a copy of Mr. Bulger’s             
          death certificate.                                                          





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