Helen M. Korchak - Page 48

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               We find the instant record to be materially distinguishable            
          from Bokum v. Commissioner, supra.  In Bokum, we found that the             
          requesting spouse should have been alerted by the tax return                
          preparer’s failure to sign the tax return in question.  Id. at              
          148.  In contrast, we have found herein that the 1982 joint tax             
          return was signed by a return preparer and that the signature of            
          the return preparer on that return indicated to petitioner that             
          such return was prepared accurately.  Moreover, in Bokum, we                
          found that at the time the requesting spouse signed the return in           
          question she was aware of the sale of a ranch, the tax treatment            
          of which was at issue, and that a cursory review of the tax                 
          return would have brought to the requesting spouse’s attention              
          the distribution resulting from that sale as well as the tax                
          treatment of that distribution.  Id. at 146-147.  In contrast, we           
          have found herein that at the time petitioner signed the 1982               
          joint tax return she was not even aware of Mr. Korchak’s Madison            
          Recycling investment.  We have also found (1) that there was                
          nothing about the claimed $58,089 Madison Recycling loss that               
          would have made it stand out in relationship to the other part-             
          nership losses claimed in the 1982 joint tax return and (2) that            
          it was not obvious from reviewing Form 3468 included as part of             
          the 1982 joint tax return that $57,750 of the claimed $59,835               
          investment tax credit was attributable to Madison Recycling and             
          that the claimed $56,657 business energy investment tax credit              






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