Charles Roy Schwendeman and Cindy L. Butler - Page 2




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          did not.  Cindy L. Butler (Butler) also requests relief from                
          joint and several liability under section 6015(b), (c), or (f).1            
          We hold that Butler does not qualify for any relief under section           
          6015.                                                                       
                                  FINDINGS OF FACT                                    
               Some facts are stipulated and are so found.  The stipulated            
          facts and the exhibits submitted therewith are incorporated                 
          herein by this reference.  Petitioners Charles Roy Schwendeman              
          (Schwendeman) and Butler were husband and wife throughout 2002,             
          and they filed a joint Federal income tax return for 2002.                  
          Butler and Schwendeman divorced in 2003, and each resided in                
          Colorado when this petition was filed.                                      
               In 2002, Butler was employed by IBM as an associate project            
          manager, and Schwendeman was employed as a psychologist.                    
          Schwendeman holds a master’s degree, and Butler has completed               
          some college courses.                                                       
               During 2002, petitioners shared household expenses.  They              
          were signatories on each other’s accounts, and they had access to           
          each other’s accounts.                                                      



               1 Unless otherwise indicated, section references are to the            
          applicable versions of the Internal Revenue Code, and Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            
          Although the issue as to relief under sec. 6015 was not raised by           
          the pleadings, that issue was tried by the parties’ express or              
          implied consent.  We consider that issue to be properly before              
          us.  See Rule 41(b).                                                        






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