Kathryn Cheshire - Page 30




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          various “items,” it most likely means that gross income from a              
          particular source, such as a pension, is incorrectly reported               
          (either by virtue of understatement or omission) on the return.             
          The other statements of legislative purpose cited by the dissent            
          evince no clear consensus about any other standard of general               
          applicability and dictate no contrary result.                               
               Here the question is whether Mrs. Cheshire had actual                  
          knowledge of the gross income from the pension that gave rise to            
          the deficiency.  Clearly she did.  Whether she believed the pension         
          proceeds distribution was nontaxable in whole or part on the ground         
          that it was used to pay down a mortgage or under some other                 
          mistaken theory is immaterial.                                              
               WHALEN, HALPERN, LARO, FOLEY, and VASQUEZ, JJ., agree with             
          this concurring opinion.                                                    
























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