- 8 - the accuracy-related penalty.6 According to petitioner, it was Mr. Glenn’s sole responsibility to maintain their household finances; she had no knowledge or control of their household finances during tax year 2001 or prior years; she had no knowledge of the existence of Mr. Glenn’s section 401(k) plan maintained by his employer, Kronos, Inc., through T. Rowe Price; she did not know that the proceeds were withdrawn by Mr. Glenn during tax year 2001 and placed into their joint accounts with Harris Trust & Savings Bank; and she had no control of the proceeds which were placed in the joint accounts with Harris Trust & Savings Bank. On these grounds, petitioner contends that pursuant to section 6015(f) she is eligible for relief from joint liability on the unpaid additional tax liability remaining from the early withdrawal. Discussion Except as otherwise provided in section 6015, petitioner bears the burden of proof. See Rule 142(a); Alt v. Commissioner, 6In Glenn v. Commissioner, at docket No. 7249-04S, we found that Mr. Glenn acted with reasonable cause and good faith as to the underpayment attributable to the unreported 10-percent additional tax under sec. 72(t). Accordingly, we held that Mr. Glenn is not liable for the accuracy-related penalty pursuant to sec. 6662(a). Because we held that Mr. Glenn was not liable for the accuracy-related penalty, we would assume that respondent would not collect the accuracy-related penalty from petitioner, even though she is unable in the present proceeding to challenge the underlying liability of her and Mr. Glenn’s tax deficiency for taxable year 2001.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011