Estate of Robert J. Capehart, Deceased, Ingrid Capehart, Personal Reprensentative, and Ingrid Capehart - Page 11

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          provides for the reallocation of erroneous items to the extent              
          one spouse received a tax benefit on a joint return and the other           
          spouse did not.                                                             
               The Secretary has promulgated regulations prescribing such             
          rules.3  Section 1.6015-3(d)(2)(i), Income Tax Regs., provides:             
          “An erroneous item that would otherwise be allocated to the                 
          nonrequesting spouse is allocated to the requesting spouse to the           
          extent that the requesting spouse received a tax benefit on the             
          joint return.”  This rule applies equally to items that would               
          otherwise be allocated to the requesting spouse.  Hopkins v.                
          Commissioner, 121 T.C. 73, 82-86 (2003).  Section 1.6015-3(d)(5),           
          Example (5), Income Tax Regs., provides:                                    
                    Example (5).  Requesting spouse receives a benefit                
               on the joint return from the nonrequesting spouse’s                    
               erroneous item.  (i) In 2001, H reports gross income of                
               $4,000 from his business on Schedule C, and W reports                  
               $50,000 of wage income.  On their 2001 joint Federal                   
               income tax return, H deducts $20,000 of business                       
               expenses resulting in a net loss from his business of                  
               $16,000.  H and W divorce in September 2002, and on May                
               22, 2003, a $5,200 deficiency is assessed with respect                 
               to their 2001 joint return.  W elects to allocate the                  
               deficiency.  The deficiency on the joint return results                
               from a disallowance of all of H’s $20,000 of                           
               deductions.                                                            
                    (ii) Since H used only $4,000 of the disallowed                   
               deductions to offset gross income from his business, W                 
               benefitted from the other $16,000 of the disallowed                    

               3The regulations are applicable for all elections or                   
          requests for relief filed on or after July 18, 2002.  Sec.                  
          1.6015-9, Income Tax Regs.  In the case at bar, petitioner                  
          elected relief in the second amendment to petition filed on May             
          22, 2003.                                                                   




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