Linda S. Dillon - Page 14

                                       - 14 -                                         

          items.  As more fully explained infra, we conclude that peti-               
          tioner has successfully demonstrated that she is entitled to                
          innocent spouse relief with respect to this item.                           
               First, the facts in the record amply demonstrate that the              
          omission is attributable solely to Thomas Dillon.  Mr. Dillon               
          handled the Dillon family finances and maintained all the records           
          in the offices at Dillon Securities.  It is Mr. Dillon who                  
          possessed the knowledge and information necessary to complete the           
          return, and the record is clear that Mr. Dillon alone was                   
          responsible for working with the accountants in preparing the               
          return.  Accordingly, the failure to include income from this               
          account can be attributed solely to him.                                    
               Second, petitioner did not have actual or constructive                 
          knowledge of the substantial understatement of tax.  In cases               
          involving the omission of income, actual or constructive                    
          knowledge of the underlying transaction giving rise to omitted              
          income is sufficient to preclude innocent spouse relief.  Wiksell           
          v. Commissioner, 90 F.3d 1459 (9th Cir. 1996), revg. and remand-            
          ing T.C. Memo. 1994-99; Price v. Commissioner, T.C. Memo. 1987-             
          360.                                                                        
               Petitioner argues that she did not have actual or construc-            
          tive knowledge of the Murphy Favre account.  Petitioner points to           
          the fact that all of the family finances were handled by Thomas             
          Dillon or employees of Dillon Securities, and all account state-            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011