Kathryn Cheshire - Page 23




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          Bokum v. Commissioner, 94 T.C. at 150 (quoting Stevens v.                   
          Commissioner, 872 F.2d 1499, 1508 n.8 (11th Cir. 1989), affg. T.C.          
          Memo. 1988-63 (citations omitted)); Estate of Hall v. Commissioner,         
          T.C. Memo. 1996-93, affd. 103 F.3d 112 (3d Cir. 1996).  Were we to          
          accept the knowledge standard petitioner advocates (i.e., the               
          putative innocent spouse is entitled to relief if she/he                    
          misunderstood or lacked knowledge of the Internal Revenue Code (the         
          Code)), then potentially any spouse who is not a certified public           
          accountant or tax attorney would be allowed to escape paying income         
          tax.  We do not believe Congress intended such a result.                    
               To conclude, petitioner had actual knowledge of the disputed           
          item of income (the retirement distribution proceeds), as well as           
          the amount thereof, that gave rise to the deficiency at the time            
          she signed the joint 1992 return.  The fact that petitioner did not         
          know that the amount of the retirement distribution was misstated           
          on the return is of no import.  Consequently, the benefits of               
          section 6015(c) are unavailable to her.                                     
               C.  Relief Under Section 6015(f)                                       
               Section 6015(f) confers discretion on the Secretary (and the           
          Secretary has delegated that discretion to respondent) to grant             
          innocent spouse relief to an individual (where relief is not                
          available under section 6015(b) or (c)) if taking into account all          
          the facts and circumstances, it is inequitable to hold the                  
          individual liable for any unpaid tax or deficiency (or any portion          






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