Kathryn Cheshire - Page 1

                                   115 T.C. No. 15                                    

                               UNITED STATES TAX COURT                                

                           KATHRYN CHESHIRE, Petitioner v.                            
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket No. 3483-99.                   Filed August 30, 2000.           

                    P and H filed a joint 1992 Federal income tax return              
               on which a portion of retirement distribution proceeds H               
               received and interest received from a joint bank account               
               were omitted from gross income.  Although P acknowledges               
               that when she signed the joint return she had actual                   
               knowledge of the omitted retirement distribution                       
               proceeds, she posits that, relying on H’s false                        
               statements, she had reason to believe that the omitted                 
               retirement distribution proceeds were not taxable and                  
               that she should be entitled to relief under sec. 6015(b),              
               (c), and/or (f), I.R.C., with respect thereto.  Further,               
               P seeks innocent spouse relief with respect to the sec.                
               6662(a), I.R.C., accuracy-related penalty.                             
                    1.  Held: P is not entitled to innocent spouse                    
               relief with respect to the omitted items of income.                    

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