Barbara A. Owen - Page 7

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               unallowable, because Hoyt engaged in a fraudulent                      
               scheme to deceive them and it was the fraudulent scheme                
               that caused the tax items to be unallowable.  The Hoyt                 
               investors were adjudged to be victims of a fraud, which                
               by definition means they were deceived as to the nature                
               of their investment and the facts giving rise to the                   
               disallowance of their investment related tax                           
               deductions.                                                            
          The cover letter attached to petitioner’s administrative appeal             
          stated that “We will provide additional factual information once            
          we are contacted by the Appeals Officer.”                                   
               On September 9, 2002, the Appeals Office issued a Notice of            
          Determination Concerning Your Request for Relief Under the                  
          Equitable Relief Provision of Section 6015(f) (notice of                    
          determination) denying petitioner’s request for relief under                
          section 6015.  Although the notice of determination referenced              
          only section 6015(f), the explanation of adjustments addressed              
          petitioner’s claim for relief under section 6015(b), (c), and               
          (f).  The explanation of adjustments stated as follows with                 
          respect to petitioner’s request for relief under section 6015(c):           
               IRC SECTION 6015(c)--Election to Allocate Deficiency                   
               This subsection is commonly called “separation of                      
               liability” which prorates a deficiency between spouses                 
               filing a joint return based on their proportionate                     
               share of earnings.  Under this section, the requesting                 
               spouse must establish certain conditions before a                      
               relief [sic] can be granted.  Even if you meet the                     
               requirements for being a widow, your request for                       
               separation of liability will not be granted because you                
               had actual knowledge or the reason to know of the items                
               giving rise to the deficiency that were allocable to                   
               your spouse.  [Emphasis added.]                                        






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