Joseph D. & Elizabeth M. Dunne - Page 37




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               Mrs. Dunne had full access to petitioners’ joint checking              
          and savings accounts, and she offered no evidence that Mr. Dunne            
          deposited the dividends he received from FRC into a separate                
          account that she could not access.  Since it appears Mrs. Dunne             
          financially benefited as much as did Mr. Dunne from ownership of            
          FRC and from avoiding taxation on his share of income, the                  
          significant benefit factor does not favor Mrs. Dunne’s position.            
          See Richardson v. Commissioner, T.C. Memo. 2006-69, affd. 509               
          F.3d 736 (6th Cir. 2007).  Furthermore, Mrs. Dunne has offered no           
          evidence that Mr. Dunne concealed anything from her or committed            
          any wrongdoing.                                                             
               We may also consider factors used in determining “inequity”            
          in the context of section 6015(f).  Juell v. Commissioner, T.C.             
          Memo. 2007-219.  However, because we find without relying on the            
          other factors that Mrs. Dunne has not shown that she is eligible            
          for relief under section 6015(b), and because we find that taken            
          together those factors weigh against relief for Mrs. Dunne, as              
          discussed below, we need not consider them here also.                       
               Section 6015(f) provides that the Secretary may relieve an             
          individual of joint and several liability if relief is not                  
          available to the individual under section 6015(b) or (c) and it             
          is inequitable to hold the individual liable for any deficiency             
          taking into account all the facts and circumstances under                   
          procedures prescribed by the Secretary.  These procedures are               







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