- 15 - the tax consequences of the distributions on at least two occasions, the information he received confirmed his belief that the distributions were part of Ms. Braden’s nontaxable inheritance. What constitutes sufficient knowledge of the transaction in this case can best be illustrated by comparing our decisions in Cheshire v. Commissioner, 115 T.C. 183 (2000) (applying section 6015), and Varney v. Commissioner, supra (applying section 6013(e)). Both cases involved distributions to the taxpayer’s spouse from retirement accounts in which the taxpayer’s spouse owned an interest. In Cheshire, the taxpayer had been informed by her husband that he was contemplating retirement and was eligible to receive a substantial sum of money from his retirement plan. The taxpayer knew that her husband subsequently received the distribution from his retirement plan. In fact, the taxpayer’s husband showed the taxpayer the deposit slip reflecting the deposit of the retirement plan distribution and discussed with her the purposes for which the distribution would be used. See Cheshire v. Commissioner, supra at 193. On these facts we concluded the taxpayer had actual knowledge of the underlying transaction that produced the omitted income and, therefore, the taxpayer knew or had reason to know of the understatement.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011