- 16 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
Last modified: May 25, 2011