Charles Roy Schwendeman and Cindy L. Butler - Page 9




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          requesting spouse applies for relief no later than 2 years after            
          the date of the Commissioner’s first collection activity after              
          July 22, 1998, with respect to the requesting spouse; (4) no                
          assets were transferred between the spouses as part of a                    
          fraudulent scheme by the spouses; (5) the nonrequesting spouse              
          did not transfer disqualified assets to the requesting spouse;              
          (6) the requesting spouse did not file or fail to file the return           
          with fraudulent intent; and (7) the income tax liability from               
          which the requesting spouse seeks relief is attributable to an              
          item of the individual with whom the requesting spouse filed the            
          joint return.                                                               
               Respondent concedes that Butler satisfies all but one of               
          these conditions; to wit, whether the income tax liability from             
          which she seeks relief is attributable to an item of her former             
          husband, Schwendeman.  The record establishes that the income tax           
          liability from which Butler seeks relief is attributable to both            
          her and Schwendeman.                                                        
               Neither petitioner made any charitable contributions in                
          2002.  Yet, they claimed on their 2002 Federal tax return that              
          they were entitled to deduct $13,590 of charitable contributions            
          for that year.  They went to H&R Block together; they together              
          relayed their tax information to the preparer; they reviewed                
          their joint return together; and they together knew that                    
          charitable contributions were claimed as deductions on their                







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Last modified: November 10, 2007