Kathryn Cheshire - Page 44




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          construction.  See Hesselink v. Commissioner, 97 T.C. 94, 99-100            
          (1991).                                                                     
                The majority concludes that the knowledge requirement of              
          section 6015(c) does not require the electing spouse to know that           
          the item on the return is incorrect, see majority op. pp. 19-20, and        
          points out that petitioner knew the amount of the unreported income.        
          See majority op. p. 23.  In contrast, the putative innocent spouse          
          in Charlton did not know the amount of unreported income from his           
          then-wife’s business.  This might be how the majority would                 
          distinguish Charlton from the instant case; i.e., that knowledge of         
          an income-producing transaction or activity does not cause a                
          putative innocent spouse to fail to qualify for the separate                
          liability election unless the putative innocent spouse knew the             
          amount of income involved.  If the majority is promulgating this            
          factual distinction as a new standard, it should so state.                  


               PARR, GALE, and MARVEL, JJ., agree with this dissenting                
          opinion.                                                                    


















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