- 56 - Based upon our examination of the entire record before us, we find that in signing the 1982 joint tax return petitioner did not know, and had no reason to know, of the understatement in that return. On that record, we further find that petitioner satisfies section 6015(b)(1)(C) for her taxable year 1982. Section 6015(b)(1)(D) Pursuant to section 6015(b)(1)(D), petitioner must establish that, taking into account all the facts and circumstances, it is inequitable to hold her liable for the deficiency in tax attrib- utable to the understatement in the 1982 joint tax return. The requirement in section 6015(b)(1)(D) is virtually identical to the requirement of former section 6013(e)(1)(D), and cases interpreting former section 6013(e) remain instructive to our analysis. Alt v. Commissioner, 119 T.C. at 313-314. The factors that we consider in determining whether it would be inequitable for purposes of section 6015(b)(1)(D) are the same factors that we consider in determining whether it would be inequitable for purposes of section 6015(f). See id. at 316. One factor considered in determining whether it would be inequi- table for purposes of section 6015(f) and thus for purposes of 28(...continued) would have assured her that the claimed $58,089 Madison Recycling loss and the claimed Madison Recycling credits of $114,407 were proper. We shall not penalize petitioner for failing to perform the act of asking Mr. Korchak about that claimed loss and those claimed credits where such an inquiry would have resulted in his assuring her that that claimed loss and those claimed credits were appropriate.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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