David R. Braden and Sharon F. Braden - Page 15




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          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.                  








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