Estate of Robert J. Capehart, Deceased, Ingrid Capehart, Personal Reprensentative, and Ingrid Capehart - Page 10

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               The erroneous items giving rise to the 1994 tax deficiency             
          total $42,565 ($37,239 Form 4797 loss + $4,183 theft loss +                 
          $1,143 medical/dental expenses) and are attributed equally to               
          petitioner and Mr. Capehart; i.e., $21,282.50 to each.  We refer            
          to the erroneous items attributed to petitioner and Mr. Capehart            
          respectively as her or his erroneous items.  Since all erroneous            
          items giving rise to the deficiency for 1994 are attributed                 
          equally to petitioner and Mr. Capehart, under the general rule,             
          petitioner would be liable for one-half of the deficiency                   
          ($4,112.50).  See sec. 6015(d)(1), (3)(A); sec. 1.6015-                     
          3(d)(4)(i)(A), Income Tax Regs.                                             
               2.   Tax Benefit Exception                                             
               Section 6015(d)(3)(B) provides an exception to the general             
          rule under section 6015(d)(3)(A) that an item giving rise to a              
          deficiency on a joint return is allocated to the spouses filing a           
          joint return in the same manner as it would have been allocated             
          if the spouses had filed separate returns for the taxable year.             
          Section 6015(d)(3)(B) provides that, under rules prescribed by              
          the Secretary, an item giving rise to a deficiency that is                  
          attributable to one spouse must be allocated to the other spouse            
          “to the extent the item gave rise to a tax benefit on the joint             
          return” to the other spouse.  In essence, section 6015(d)(3)(B)             

               2(...continued)                                                        
          increase the portion of the deficiency for which petitioner would           
          remain liable.                                                              




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