Brenda J. Clarrk - Page 17

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          directly into petitioner’s personal account, and the remainder              
          was deposited into their joint bank account.  In addition, the              
          exaggeration of Mr. Clark’s moving expenses, unreimbursed                   
          employee expenses, and Schedule C losses reduced petitioner’s tax           
          liability on the joint returns.  Finally, petitioner’s greatest             
          benefit was the quitclaim deed Mr. Clark executed in 1999, which            
          gave all of his interest in their home solely to petitioner.  The           
          house was purchased in 1998, presumably with the income of both             
          petitioner and Mr. Clark and with income that Mr. Clark failed to           
          report.  As previously noted, petitioner sold that home, received           
          all proceeds from the sale, and later used them to purchase a               
          condominium.                                                                
               The failure of petitioner to satisfy all but one of the                
          factors in Rev. Proc. 2003-61, supra, is determinative.  After              
          considering all the facts and circumstances, the Court holds that           
          there was no abuse of discretion by respondent in denying relief            
          to petitioner under section 6015(f).  The Court, therefore,                 
          sustains that denial.                                                       
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             for respondent.                          







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