Lesley J. Smith, a.k.a. Lesley J. Scott - Page 31




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               6.  Attributable to Nonrequesting Spouse                               
               In recommending that petitioner be granted partial relief              
          from liability, the Appeals officer erroneously computed                    
          petitioner’s liability under the community property rules.                  
          Determinations under section 6015 are to be made without regard             
          to community property.  Sec. 6015(a); Mora v. Commissioner, 117             
          T.C. at 290 n.8.                                                            
               Respondent contends that, on the basis of the information              
          before the Appeals officer, the officer properly allocated the              
          liabilities equally between petitioner and Mr. Scott.  Respondent           
          complains that without more information from petitioner                     
          respondent could not tell whose income was reported on the                  
          returns.  Respondent urges that, given the fact that for all 6              
          years at issue both petitioner and Mr. Scott had wages and self-            
          employment income, the Appeals officer’s determination of a 50-             
          percent allocation was appropriate under the circumstances.  We             
          disagree.                                                                   
               The Forms W-2, Wage and Tax Statement, attached to the                 
          returns show that Mr. Scott’s income greatly exceeded                       
          petitioner’s for every year at issue.  Mr. Scott handled the                
          family finances and dominated the family.  He told petitioner the           
          number of exemptions to claim for withholding.  He was an                   
          accountant, and petitioner believed that the claimed exemptions             








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