Davis and Lois Etkin - Page 32

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        transfer.11  Nor have petitioners shown the value of the                      
        disqualified assets.  Therefore, we conclude that Lois Etkin has              
        failed to satisfy the sixth threshold requirement of Rev. Proc.               
        2000-15, sec. 4.01 and thus does not qualify for equitable relief             
        under section 6015(f).  Because we decided that Lois Etkin                    
        received a transfer of disqualified assets from Davis Etkin, we               
        conclude that Lois Etkin does not meet all seven of the threshold             
        conditions of Rev. Proc. 2000-15, sec. 4.01.12                                
             In addition, we find adequate support in the record to                   
        sustain the Appeals officer’s determination that Lois Etkin, when             
        signing the returns, should have known that the tax for the years             
        in question would not be paid.  Lois Etkin possessed sufficient               
        knowledge and education to understand that she was signing a joint            
        income tax return showing a balance due for the year in question.             
        She simply relied on Davis Etkin’s assertions that he would pay               


               11In Ohrman v. Commissioner, T.C. Memo. 2003-301, there was            
          a dispute as to who bears the burden of proving that the taxpayer           
          did or did not receive a transfer of disqualified assets.  The              
          Court in Ohrman refrained from resolving the dispute because “the           
          preponderance of the evidence establishes that the principal                
          purpose of the transfer was the avoidance of tax.”  We are also             
          convinced that the preponderance of the evidence resolves the               
          issue in this case and therefore do not need to determine who has           
          the burden of proof.                                                        
               12Since we conclude that the transfer of assets had a                  
          principal purpose of avoiding tax, and therefore Lois Etkin fails           
          to satisfy one of the threshold conditions resulting in her                 
          disqualification from equitable relief, it is unnecessary for us            
          to consider respondent’s contention that the transfer was part of           
          a fraudulent scheme by petitioners.                                         




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