- 43 - corporation to the taxpayers. She failed to prove that she did not know, or have reason to know, such payments were income, rather than the loans the taxpayers alleged them to be. Since Mrs. Sonnenborn did not provide any information as to the use of these payments, this Court would not speculate and held that she did not establish that she did not benefit. In Terzian v. Commissioner, the taxpayer did not know the source of funds in a bank account transferred to her. This Court, therefore, assumed the account contained funds from the omitted income. However, since the amount was considered to be for the taxpayer's ordinary support, this Court found she did not significantly benefit. Mrs. Gaskins had no knowledge of any unreported payments to her husband, nor did she receive any unexplained benefits or assets. It is impossible for her to explain something she did not know about. Her burden is to show she did not benefit. It is clear from the record that Mrs. Gaskins received no benefit from the omitted income. Another factor to consider is whether the spouse seeking relief had been deserted by, or divorced or separated from the culpable spouse. Sec. 1.6013-5(b), Income Tax Regs. Yet, this is only one of the factors to be considered, and section 6013(e) relief is not limited to spouses whose marriages have ended. Mysse v. Commissioner, 57 T.C. at 700. Mrs. Gaskins continues toPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011