- 14 - not been accounted for as reported. We thus held in Charlton that “respondent has not shown that Charlton had actual knowledge of the item causing the deficiency, and that Charlton qualifies for relief under section 6015(c).” Id. A few months later, this Court again had the opportunity to consider the section 6015(c) relief provisions. In Cheshire v. Commissioner, supra, also an omitted income case, petitioner had actual knowledge of the fact of the omitted income, as well as the amount of income, but submitted that she was entitled to relief because she was unaware of the applicable tax laws. Specifically, petitioner “was aware of the amount, the source, and the date of receipt of the retirement distribution and interest” but did not know the tax consequences of the income. Id. (slip op. at 19). In that case we held that “knowledge” for purposes of section 6015(c) relief disqualification does not require actual knowledge on the part of the electing spouse as to whether the entry on the return is or is not correct. See id. Instead, the electing spouse must have “actual knowledge of the disputed item of income * * * as well as the amount thereof, that gave rise to the deficiency”. Id. (slip op. at 23). Thus, in Cheshire v. Commissioner, supra, we concluded that ignorance of the applicable tax law is no excuse and that respondent had met his burden of proving knowledge of the omitted income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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