William C. and Elaine Gaskins - Page 43

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            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 to                               






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