Helen E. Foy - Page 24

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         erroneous item is attributable to both.”  In addition, respondent            
         admitted in the notice of determination and in his response to               
         petitioner’s motion that the facts available to him suggested                
         that the Foys invested jointly in the Hoyt partnerships.                     
         Nevertheless, respondent failed to consider how the deficiencies             
         could be allocated between petitioner and her spouse under                   
         section 6015(c) and (d) if respondent’s position regarding their             
         joint investment was correct.  If respondent had made the                    
         allocation that flowed naturally from his position that the Foys             
         had invested jointly in the Hoyt partnership, he would                       
         necessarily have allocated the Hoyt partnership items between                
         petitioner and Mr. Foy in accordance with their respective                   
         ownership interests.  Respondent also likely would have realized             
         that he had to prove that petitioner had actual knowledge of the             
         reasons for disallowing Mr. Foy’s allocable share of the Hoyt                
         partnership items in order for him to conclude that petitioner               
         was not entitled to any section 6015(c) relief.  Respondent’s                
         failure to make an allocation under section 6015(c) further                  
         demonstrates that his position was unreasonable.                             
              The fourth flaw in respondent’s position stems from his                 
         failure to make a computation under section 6015(c) and (d) to               
         reflect his contention that the Foys’ partnership interest in SGE            
         1984-3 was jointly owned.  Had respondent done so, the resulting             
         calculation would have shown substantially reduced tax                       






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