Carolyn A. Glenn - Page 9

                                        - 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          she did not know that the proceeds were withdrawn by Mr.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