Webber Douglas Gilmer, Petitioner, and Minnie Payton, Intervenor - Page 9




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          court.  Accordingly, the remaining issue is whether petitioner              
          had no actual knowledge of the income item leading to the                   
          underpayment.                                                               
               Based on our previous discussion of the facts and the                  
          evidence presented in these cases, we believe that petitioner had           
          actual knowledge of all items of income received by the couple in           
          2001.  Moreover, we again reiterate that petitioner did not deny            
          his knowledge of the items of unreported income at issue in these           
          cases.                                                                      
               As to the other items at issue, petitioner stated that he              
          had knowledge of the deductions claimed on the Schedule A, and              
          expenses reported on the Schedules C and E, as well as all                  
          activity and accounts pertaining to World Works Diversified.  The           
          majority of the deficiency at issue stems from respondent’s                 
          denial of the expenses reported on Schedule C.  Again, petitioner           
          testified that he knew about and believed in the veracity of all            
          items reported on the Schedule C for 2001 when he prepared it.              
          Therefore, because petitioner had actual knowledge of all of the            
          items that respondent disallowed and because he prepared the 2001           
          joint return at issue with this knowledge, we find that he is not           
          eligible for relief under section 6015(c).                                  
               Because petitioner is not eligible for relief under section            
          6015(b) and (c), we finally consider the equitable relief                   
          provisions of section 6015(f).  Section 6015(f) provides, in                







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