- 12 - 6015(b)(1). Therefore, the controversy arising from the deduction of the Boulder Oil and Gas losses focuses on: (1) Whether petitioner, in signing the joint 1983 tax return, knew or had reason to know of the understatement; and (2) taking into account all the facts and circumstances, whether it would be inequitable to hold petitioner liable for the resulting deficiency. The requirement of section 6015(b)(1)(C) is similar to the requirement of former section 6013(e)(1)(C) in that both provisions require the requesting spouse to establish “in signing the return, he or she did not know, and had no reason to know” of the understatement. Because of their similarities, analysis in opinions concerning former section 6013(e)(1)(C) remains instructive to our analysis for section 6015(b)(1)(C). Jonson v. Commissioner, 118 T.C. 106, 115 (2002), affd. 353 F.3d 1181 (10th Cir. 2003); Butler v. Commissioner, 114 T.C. 276, 283 (2000). An examination of the record reveals that only Mr. Hendricks executed the investment papers in Boulder Oil and Gas and that the partnership interest was placed in his name alone. Mr. Hendricks paid for the Boulder Oil and Gas investment with checks drawn from one of his business accounts, to which petitioner had no access. All mail from Boulder Oil and Gas was sent to Mr. Hendricks’s business address. Petitioner did not see any mailPage: 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