Kathryn Cheshire - Page 43




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                             V.  Charlton v. Commissioner                             
               In Charlton v. Commissioner, 114 T.C. 333 (2000), the putative         
          innocent spouse knew of and had access to correct information about         
          his then-wife’s income-producing activity.  See Charlton, 114 T.C.          
          at 341.  Even though the putative innocent spouse in Charlton knew          
          that his wife had an income-producing Schedule C business, we               
          concluded that the Commissioner failed to show that the putative            
          innocent spouse had knowledge when he signed the return of any item         
          giving rise to a deficiency.  See id.  Thus, Charlton may be cited          
          for the proposition (contrary to respondent’s position in Cheshire,         
          majority op. at 18) that knowledge of the income-producing activity         
          does not bar relief under section 6015(c).                                  
               The majority finds that petitioner knew that Mr. Cheshire              
          received retirement distributions and interest on the Austin Telco          
          account in 1992, and that she knew the amounts of the retirement            
          distributions and interest.  See majority op. pp. 4, 16, 23.                
          However, the majority’s failure to discuss Charlton will inevitably         
          cause confusion because, both here and in Charlton, we found that           
          the putative innocent spouse knew of the activity which gave rise to        
          the deficiency.  Under the doctrine of stare decisis we generally           
          follow the holding of a previously decided published opinion of the         
          Tax Court or explain why we are not doing so.  This is especially           
          true when our prior published opinion involves statutory                    








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