- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011