Evelyn M. Martin - Page 14




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          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.                      








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