Street properties or of the sale of those properties on December 30, 1986. The only reference to the properties in petitioner's post-trial briefs is the following objection to one of respondent's proposed findings of fact: [The] Notice of deficiency issued to Petitioners on March 19, 1990 does not take into consideration that Petitioner-Wife had no ownership interest in the Fitzwater Street property and that petitioner-Husband did not receive any actual cash on December 30, 1986 and after deducting the cost for the property, husband only received $11,700 which was his half of the profit with his partner. We cannot accept petitioner's denial of "involvement in purchasing or any aspect of" the Fitzwater Street properties to mean that she did not know or have reason to know of the gain from the sale of those properties on December 30, 1986. On that basis alone, we find that petitioner failed to meet her burden of proof under section 6013(e)(1)(C). Furthermore, petitioner's testimony that she relied on her husband concerning the purchase and sale of real property is not sufficient to satisfy the lack of knowledge requirement of section 6013(e)(1)(C). The innocent spouse exemption was not intended to protect aPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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