- 17 - 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).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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