Cathy Miller Hardy - Page 18

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          quirements in section 66(c)(1) and (2), she does not satisfy the            
          last two requirements in section 66(c)(3) and (4).  We agree with           
          respondent.                                                                 
               With respect to the requirement in section 66(c)(3), on the            
          present record, we find (1) that petitioner knew, or had reason             
          to know, about the compensation that was paid to Mr. Hardy during           
          the years at issue and (2) that petitioner has failed to show               
          that she did not know, and had no reason to know, about the in-             
          terest that was paid to and/or earned by Mr. Hardy during those             
          years or the unemployment compensation that was paid to him                 
          during 1984 and 1985.  In this connection, we note that peti-               
          tioner's knowledge of an item of community income must be deter-            
          mined with reference to her knowledge of the particular income-             
          producing activity.  See McGee v. Commissioner, 979 F.2d 66, 70             
          (5th Cir. 1992), affg. T.C. Memo. 1991-510.  We have found that             
          during the years at issue, (1) Mr. Hardy was employed in the con-           
          struction industry; (2) petitioner was aware that Mr. Hardy was             
          employed in the construction industry; (3) income was reported to           
          respondent as having been, and was, paid to and/or earned by Mr.            
          Hardy; and (4) Mr. Hardy used at least a portion of the income              
          that was paid to him to pay at least some of the living expenses.           
          Although petitioner claims that she was not aware of the exact              
          amount of the income that was paid to and/or earned by Mr. Hardy            
          during the years at issue, "a spouse's unawareness of the exact             
          amount of an item of community income is not determinative of               




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