- 11 - We dismiss petitioner's argument because it ignores the language of our finding that petitioner was "precisely aware" of the Hitech checks she received from David. Our finding was based on petitioner's subjective awareness of the Hitech check deposits and her subjective awareness that she wrote checks in amounts far in excess of the modest income she earned as a part-time nurse in 1984 and 1985. Based on the foregoing, we hold that our opinion in Wiksell v. Commissioner, T.C. Memo. 1998-3, has adequately addressed whether petitioner had actual knowledge with respect to the Hitech checks she received from David. Duress Petitioner argues that neither the Tax Court nor the U.S. Court of Appeals for the Ninth Circuit could possibly have considered the significance of the term "duress" as contemplated by legislative mandate, as that concept had just been newly codified in section 6015. Section 6015(c)(3)(C) provides in pertinent part: "This subparagraph shall not apply where the individual with actual knowledge establishes that such individual signed the return under duress." Neither the statute nor the legislative history indicate that Congress intended to define the term "duress". See sec. 6015(c)(3)(C); H. Conf. Rept. 105-599, supra at 251-255. The U.S. Court of Appeals for the Ninth Circuit directly addressed the question of whether petitioner signed the returns in question under duress and concluded that she did not. Wiksell v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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