Legal Opinion

CULVER v. COMMISSIONER OF INTERNAL REVENUE

United States Tax Court

Decided April 2, 2001No. 11129-98Published

HELD: Under the separate liability election provision of sec. 6015(c)(3)(C), I.R.C., the burden of proof is on respondent with regard to whether the electing spouse had actual knowledge of the item giving rise to the deficiency. Respondent must satisfy that burden of proof by a preponderance of the evidence. HELD, FURTHER, respondent's burden of proof under sec. 6015(c)(3)(C), I.R.C., is not met by mere proof of what a reasonably prudent person would be expected to know.

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HELD: Under the separate liability election provision of sec. 6015(c)(3)(C), I.R.C., the burden of proof is on respondent with regard to whether the electing spouse had actual knowledge of the item giving rise to the deficiency. Respondent must satisfy that burden of proof by a preponderance of the evidence. HELD, FURTHER, respondent's burden of proof under sec. 6015(c)(3)(C), I.R.C., is not met by mere proof of what a reasonably prudent person would be expected to know. HELD, FURTHER, respondent has failed to satisfy his burden of proving that petitioner Michael G. Culver had actual…

1Opinion of the Court

MICHAEL G. CULVER AND CHRISTINE M. CULVER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

CULVER v. COMMISSIONER OF INTERNAL REVENUE

No. 11129-98

United States Tax Court

116 T.C. 189; 2001 U.S. Tax Ct. LEXIS 15; 116 T.C. No. 15;

April 2, 2001, Filed

Decision will be entered for petitioner Michael G. Culver as to the separate liability election claim, and, as conceded, for respondent as to petitioner Christine M. Culver.

HELD: Under the separate liability election provision of

sec. 6015(c)(3)(C), I.R.C., the burden of proof is on respondent

with regard to whether the electing spouse had…

2Cases cited8 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Cheshire v. CommissionerUnited States Tax Court · 2000
  3. American Pipe & Steel Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1957
  4. Charlton v. CommissionerUnited States Tax Court · 2000
  5. Robert D. Grossman, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1999

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