Timothy J. Glenn - Page 15

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          must demonstrate, at a minimum, that they fulfilled a “duty of              
          inquiry” with respect to determining whether their correct tax              
          liability was reported on the return for the year for which they            
          seek relief.  Stevens v. Commissioner, 872 F.2d 1499, 1505 (11th            
          Cir. 1989), affg. T.C. Memo. 1988-63; Butler v. Commissioner, 114           
          T.C. at 284.  When taxpayers fail to fulfill their duty of                  
          inquiry, they are ordinarily charged with constructive knowledge            
          of any understatements on their returns.  See Hayman v.                     
          Commissioner, 992 F.2d 1256, 1262 (2d Cir. 1993), affg. T.C.                
          Memo. 1992-228; Crowley v. Commissioner, T.C. Memo. 1995-551,               
          affd. without published opinion sub nom. Cockrell v.                        
          Commissioner, 116 F.3d 1472 (2d Cir. 1997); Cohen v.                        
          Commissioner, T.C. Memo. 1987-537 (the provisions providing                 
          relief from joint and several liability are “designed to protect            
          the innocent, not the intentionally ignorant”).  Petitioner has             
          not satisfied his burden here.                                              
               Further, petitioner has not satisfied the requirement of               
          section 6015(b)(1)(B) because he cannot show that the                       
          understatement of tax is attributable to an erroneous item of one           
          of the individuals filing the joint return.  As previously                  
          discussed, the understatement of tax is attributable to                     
          petitioner and Ms. Glenn’s omission of the additional tax under             
          section 72(t).                                                              







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