Patricia A. Hendricks and John J. Hendricks - Page 12

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          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                     
               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 mail              

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