David R. Braden and Sharon F. Braden - Page 17




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          satisfied the no knowledge of the understatement requirement of             
          former section 6013(e)(1)(C) on these facts.10                              
               As in Varney v. Commissioner, T.C. Memo. 1991-14, the                  
          essence of the transaction in this case is that the distributions           
          came from IRA’s.  Knowledge of the distributions’ composition is            
          what enables a taxpayer to ascertain the proper tax treatment of            
          the distributions.  See secs. 61(4), 72, 408.  Unaware that the             
          distributions consisted of IRA withdrawals and interest income,             
          petitioner concluded that the distributions represented an                  
          inheritance excludable from income for Federal income tax                   
          purposes.  See sec. 102(a) (“Gross income does not include the              
          value of property acquired by gift, bequest, devise, or                     
          inheritance.”).  Petitioner did not know the essential facts of             
          the transaction that define its character for Federal income tax            
          purposes.  See Varney v. Commissioner, supra; see also Hillman v.           
          Commissioner, T.C. Memo. 1993-151 (a taxpayer must have                     
          sufficient knowledge of transaction to permit him to inquire as             
          to its appropriate tax treatment); cf. Cheshire v. Commissioner,            
          supra.  Since petitioner did not know that the distributions                
          consisted of IRA withdrawals and interest income and, after                 
          satisfying his duty of inquiry, reasonably believed the                     


               10In Varney v. Commissioner, T.C. Memo. 1991-14, we                    
          ultimately concluded that the taxpayer was not entitled to be               
          relieved of joint and several liability for the deficiency                  
          because the taxpayer did not prove he satisfied former sec.                 
          6013(e)(1)(D).                                                              





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