- 10 - petitioner's reasoning, since we have already concluded that these facts are indications of "reason to know", they cannot form the basis for "actual knowledge" under section 6015(c). This argument facilely ignores the obvious fact that the "actual knowledge" concept subsumes the concept of "reason to know"; i.e., if a person has actual knowledge of a fact, she also has reason to know of it (the converse, of course, not necessarily being true). Petitioner's argument is illogical, and we find it unpersuasive. Our opinion in Wiksell v. Commissioner, T.C. Memo. 1998-3, does not indicate that we inferred petitioner's actual knowledge "based on indications that the electing spouse had a reason to know." H. Conf. Rept. 105-599, supra at 253. We think in this particular case that the same facts used to determine that petitioner "had reason to know" also amply establish that petitioner had "actual knowledge" or a "precise awareness". Petitioner further argues that section 6015(c) has changed the culpability standard from objective under section 6013(e) to subjective. Under section 6013(e)(1)(C), a taxpayer spouse must establish "that in signing the return he or she did not know, and had no reason to know, that there was * * * [a] substantial understatement". Petitioner points out that findings of objectivity dominate the record. As such, petitioner concludes, our findings and holdings are consistent with the objective standard, and accordingly, reconsideration is warranted.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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