David L. Wiksell and Margaret Ann Carpender - Page 11




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               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.                    

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