- 22 - requesting spouse. Mrs. Payne had reason to know in each year at issue that HRDC’s returns understated its taxes. Mrs. Payne worked in HRDC’s offices and was responsible, with Ms. Enerson, for maintaining HRDC’s books and records. Mrs. Payne was aware that the money from the extras was not deposited into HRDC’s bank account, and Mrs. Payne testified that at some point she knew the tax returns were based upon bank deposit records. She also helped Ms. Enerson compile information for Mr. Gunderson to complete the returns. In addition, petitioners owned HRDC in approximately equal shares in 1993 and 1994. Mr. and Mrs. Payne both worked for HRDC, and together they were involved in all aspects of the business. Because of their involvement, it is difficult to conclude that the unreported income received by petitioners through HRDC in 1993 and 1994 was not attributable to one spouse or the other. Therefore, Mrs. Payne is not entitled to relief under section 6015(b). Section 6015(f) gives the Commissioner discretion to grant innocent spouse relief to a requesting spouse if relief is not available under subsection (b) or (c) and, taking into account all the facts and circumstances, it is inequitable to hold the requesting spouse liable for any unpaid tax or deficiency. We review the Commissioner’s denial of relief under subsection (f) for an abuse of discretion. Washington v. Commissioner, 120 T.C. 137, 146 (2003). Rev. Proc. 2000-15, 2000-1 C.B. 447, containsPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011