- 7 - Respondent agreed that petitioner was entitled to relief under section 6015(c). Intervenor filed her notice of intervention for the purpose of objecting to respondent’s granting petitioner relief under section 6015. If intervenor offers sufficient evidence to show that petitioner had “actual knowledge” of the correct income and expenses associated with the real estate appraisal business, then petitioner is not entitled to relief under section 6015(c). Intervenor’s testimony that petitioner inflated some of her Schedule C expenses and completely fabricated others is not corroborated by other testimony or evidence.3 The record and petitioner’s testimony satisfy the Court that petitioner relied on the records presented by intervenor to substantiate the expenses and resulting losses associated with her real estate appraisal business. The record contains no facts that show error in respondent’s position, and the Court concludes that petitioner did not have actual knowledge of the factual circumstances regarding intervenor’s Schedule C expenses. Intervenor’s testimony does not sway the Court. The Court sustains respondent’s determination that petitioner is entitled to relief from joint and several liability under section 6015(c). 3Petitioner contends that, subsequent to filing the return, he returned all receipts and documents given to him regarding the real estate appraisal business. Intervenor, however, asserts that she was unable to locate these items because they were not given back to her or never existed.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011