Kathy A. King - Page 9




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          point, the Court stated:                                                    

                    In our opinion, the knowledge requirement of section              
               6015(c)(3)(C) does not require the electing spouse to                  
               possess knowledge of the tax consequences arising from the             
               item giving rise to the deficiency or that the item reported           
               on the return is incorrect.  Rather, the statute mandates              
               only a showing that the electing spouse actually knew of the           
               item on the return that gave rise to the deficiency (or                
               portion thereof). * * * [Id. at 194.]                                  

          See also Martin v. Commissioner, supra, where this Court stated:            
          “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.”4                                                                   
               The Cheshire case involved taxable retirement income                   
          distributions received by the taxpayer’s spouse that were not               
          reported on the taxpayers’ joint income tax return.  The Court              
          held that the “knowledge standard” for purposes of section                  
          6015(c)(3)(C) “is an actual and clear awareness (as opposed to              
          reason to know) of the existence of an item which gives rise to             
          the deficiency (or portion thereof).”  Cheshire v. Commissioner,            
          supra at 195.  The Court further stated:  “In the case of omitted           
          income (such as the situation involved herein), the electing                
          spouse must have an actual and clear awareness of the omitted               


               4The quoted statement relates to sec. 6015(c)(3)(C), where             
          the Commissioner has the burden of proof with respect to                    
          knowledge of the item giving rise to the deficiency.                        





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