Eugene McClelland and Ione McClelland - Page 8

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          seeking innocent spouse relief should generally bear the burden             
          of proving entitlement thereto.  However, as discussed in greater           
          detail infra, the burden of proof issue does not influence the              
          outcome of this case because our decision is based on the                   
          preponderance of the evidence.  See Blodgett v. Commissioner, 394           
          F.3d 1030, 1035 (8th Cir. 2005), affg. T.C. Memo. 2003-212.                 
          C.  Ms. McClelland’s Claim for Innocent Spouse Relief                       
               As previously stated, it is agreed that the deficiencies in            
          this case arose from an incorrect interest paid deduction taken             
          by Red Wing on its Federal income tax return for its fiscal tax             
          year ended October 31, 1997.  Under section 1366(a), a                      
          shareholder’s pro rata share of an S corporation’s tax attributes           
          is included in the shareholder’s tax year in which the taxable              
          year of the S corporation ends.  In this case, petitioners’ 1997            
          joint return reflected the improper interest paid deduction                 
          because Red Wing claimed the deduction for its fiscal tax year              
          ended October 31, 1997.                                                     
               Although petitioners petitioned this Court with respect to             
          respondent’s determinations for their 1997 and 1998 tax years,              
          the parties have stipulated that petitioners did not have a                 
          deficiency in tax for 1998.                                                 
               1.  Section 6015(b)                                                    
              A relief-seeking spouse qualifies for innocent spouse relief           
          under section 6015(b)(1) if:                                                






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