Rhonda K. Juell, a.k.a. Rhonda K. Juell-Podlak, Petitioner, and Glenn M. Evans - Page 18




                                       - 18 -                                         
          was deceptive in that he told petitioner she had to file joint              
          Federal income tax returns with him and that the Hoyt                       
          partnerships would be his responsibility.  Finally, there                   
          occurred no unusual or lavish family expenditures that would have           
          notified petitioner of the understatement.                                  
               Respondent contends that the size of the deductions on the             
          tax returns was sufficient to instill in petitioner a duty to               
          inquire.  Even if such a duty arose, petitioner satisfied the               
          duty of inquiry by confronting Glenn each year and questioning              
          the Hoyt partnership-related items.                                         
               Because petitioner did not know or have a reason to know               
          that the deductions were erroneous, and because she satisfied her           
          duty of inquiry, petitioner satisfies section 6015(b)(1)(C).                

          Section 6015(b)(1)(D):  Inequity                                            
               Whether it would be inequitable to hold a spouse liable for            
          a tax deficiency is determined by “taking into account all the              
          facts and circumstances.”  Sec. 6015(b)(1)(D).4  The two most               
          often cited factors to be considered are: (1) Whether there has             
          been a significant benefit to the spouse claiming relief, and               
          (2) whether the failure to report the correct tax liability on              


               4“The requirement in sec. 6015(b)(1)(D) * * * is virtually             
          identical to the same requirement of former sec. 6013(e)(1)(D);             
          therefore cases interpreting former sec. 6013(e) remain                     
          instructive to our analysis.”  Doyel v. Commissioner, T.C. Memo.            
          2004-35.                                                                    






Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 10, 2007