- 11 - any unreported community income. This is not the case where petitioner knew that Mr. Thompson had earnings from Trucking but did not know the exact amount of those earnings. Cf. Horner v. Commissioner, T.C. Memo. 1994-447 (spouse knew her husband worked full time and earned substantial income); McGee v. Commissioner, T.C. Memo. 1991-510, affd. 979 F.2d 66 (5th Cir. 1992) (spouse knew her husband earned income from his dental practice which was primary means of support and that his records were not kept in order); Thatcher v. Commissioner, T.C. Memo. 1988-537 (spouse knew her husband's dental practice earned money and that the dental equipment was community property which generated income); Baldwin v. Commissioner, T.C. Memo. 1986-342 (spouse previously filed joint returns with her husband which disclosed income; she knew her husband earned a salary from teaching at a university; and she knew that his salary remained the same throughout the years in issue). Accordingly, the third requirement is satisfied. Finally, taking into account all of the facts and circumstances, we conclude that it would be inequitable to include the unreported community income from Trucking in petitioner's gross income. There is no evidence that she benefited significantly from this income. Petitioner did not live extravagantly and was given money by Mr. Thompson only for groceries and clothing for the children. She took nothing awayPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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