- 18 - 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 ofPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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