- 8 - and records with respect to the determination of taxable income. Since petitioner and her husband’s records were so deficient that respondent was required to employ an indirect method in determining their income for the years at issue, it is a fair observation that petitioner bears some culpability in the failure to keep books and records. That alone, however, does not foreclose petitioner’s entitlement to claim relief from joint liability under section 6015. Section 6015(b)(1) allows relief from joint and several liability if five elements are met. Two of those elements are pertinent in this case: (1) On the joint return, there is an understatement of tax attributable to erroneous items of one individual filing the return, and (2) the other individual filing the joint return establishes that, in signing the return, he or she did not know, and had no reason to know, that there was such an understatement. Sec. 6015(b)(1)(A), (B), and (C). With respect to the year 1998, in the examination of petitioner’s bank accounts, which included one bank account of petitioner and a joint account with her husband, respondent determined that several deposits into these accounts, totaling $9,131, constituted unreported gross income. Another item of significance was the claimed deduction for moving expenses in the amount of $35,304 on the 1998 return. In the audit of the returns, petitioner readily admitted that such an amount forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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