Janet Marie Wilson, Petitioner, and Kenneth E. Wilson, Intervenor - Page 10




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          King v. Commissioner, 116 T.C. 198, 203 (2001).  The “knowledge             
          standard” for purposes of section 6015(c)(3)(C) “‘is an actual              
          and clear awareness (as opposed to reason to know) of the                   
          existence of an item which gives rise to the deficiency (or                 
          portion thereof).’”  King v. Commissioner, supra at 203 (quoting            
          Cheshire v. Commissioner, 115 T.C. 183, 195 (2000), affd. 282               
          F.3d 326 (5th Cir. 2002)).  “‘In the case of omitted income * *             
          *, the electing spouse must have an actual and clear awareness of           
          the omitted income.’”  Id.  Respondent concedes that he cannot              
          demonstrate petitioner had actual knowledge of the items giving             
          rise to the deficiencies.  However, if intervenor offers                    
          sufficient evidence that petitioner had “actual knowledge” of the           
          omitted gross receipts, then petitioner should not be entitled to           
          relief under section 6015(c).                                               
               Intervenor alleges that petitioner had actual knowledge of             
          the omitted gross receipts because she controlled the Bank One              
          account.  As discussed above, intervenor controlled the Bank One            
          account, not petitioner.  Additionally, intervenor controlled all           
          of the business records, prepared the tax returns for the years             
          at issue, did not allow petitioner to review the tax returns, and           
          forged petitioner’s signature on the tax returns.  We find that             
          petitioner had no actual knowledge of the omitted gross                     










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