John P. Crowley and Elizabeth R. Cockrell - Page 23

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          been raised in prior proceedings.  Even were we to consider                 
          petitioner's claim for relief under the provisions of the                   
          transitional rule, we would nevertheless conclude that she does             
          not satisfy its requirements.                                               
               As with the requirements for relief under section 6013(e), a           
          taxpayer must establish that all of the conditions imposed by the           
          transitional rule are satisfied in order to be eligible for                 
          relief under that rule.  Park v. Commissioner, supra at 1300.  We           
          have held above that petitioner did not satisfy the knowledge               
          requirement of section 6013(e)(1)(C), in that she did not                   
          establish that, in signing the returns in issue, she "did not               
          know, and had no reason to know" of the understatements in issue.           
          Recently, in Park v. Commissioner, supra at 1300, the Court of              
          Appeals for the Fifth Circuit concluded that                                
                    The "did not know, and had no reason to know"                     
               language of the transitional rule virtually mirrors                    
               that of section 6013(e), suggesting that Congress                      
               intended the "no reason to know" requirement of both                   
               provisions to have the same meaning.                                   
          Consequently, in order to obtain relief under the transitional              
          rule, petitioner must, under subparagraph (D) of that rule, make            
          the same showing that she is required to make under section                 
          6013(e)(1)(C).  Petitioner has failed show that she satisfies the           
          test of subsection 6013(e)(1)(C) and therefore would also fail to           
          establish that she satisfies the test of subparagraph (D) of the            
          transitional rule.  Accordingly, petitioner could not find relief           
          as an innocent spouse under the provisions of the transitional              
          rule.                                                                       



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