Rhonda K. Juell, a.k.a. Rhonda K. Juell-Podlak, Petitioner, and Glenn M. Evans - Page 13




                                       - 13 -                                         
          6015(c) and (f)); Rowe v. Commissioner, supra; Buchine v.                   
          Commissioner, supra.                                                        
               In Bartak v. Commissioner, supra, Ellison v. Commissioner,             
          supra, and Doyel v. Commissioner, supra, the electing spouses               
          each agreed to invest in the investments which gave rise to the             
          erroneous items and did so jointly with their spouses by using              
          funds from joint bank accounts.  Further, the electing spouses              
          considered the investments to be their own, as well as their                
          husbands’, and were denied relief because the erroneous items               
          were not entirely attributable to their husbands.                           
               Similarly, in Abelein v. Commissioner, supra, and Capehart             
          v. Commissioner, supra, the electing spouses not only used funds            
          from joint accounts to invest, but also met and toured with                 
          persons associated with the business activities, contacted them             
          on occasion, and received and read materials relating to them.              
               In contrast, in McKnight v. Commissioner, supra, Rowe v.               
          Commissioner, supra, and Buchine v. Commissioner, supra, because            
          they did not participate in the business activity, the electing             
          spouses were granted relief despite being named as shareholders or          
          partners.  In Rowe the electing spouse did not make or participate          
          in any decision relating to the activity, did not sign any checks           
          relating to the activity, and was not otherwise involved in the             
          activity.  In Buchine, the electing spouse’s name appeared as               
          shareholder and partner, but she had no knowledge of being named on         
          the Schedule K-1, and she only attended one promotional meeting.            





Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next 

Last modified: November 10, 2007