Raymond F. Kling and Barbara K. Kling - Page 54




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                    individual making the election,                                   
               then the other individual shall be relieved of                         
               liability for tax (including interest, penalties, and                  
               other amounts) for such taxable year to the extent such                
               liability is attributable to such understatement.                      
               The requirements of section 6015(b)(1) are stated in the               
          conjunctive; that is, a taxpayer must satisfy all of the                    
          requirements of subparagraphs (A) through (E) to be entitled to             
          relief under section 6015(b)(1).  There is no dispute in the                
          instant case that Barbara satisfies the requirements of                     
          subparagraphs (A), (B), and (E).  Respondent, however, contends             
          that Barbara knew or had reason to know of the understatement               
          and, therefore, fails to satisfy subparagraph (C).  Respondent              
          further contends that it would not be inequitable to hold Barbara           
          liable for the deficiency, and therefore, she fails to satisfy              
          subparagraph (D).                                                           
               When the substantial understatement of tax liability is                
          attributable to an omission of income from the joint return, the            
          spouse's knowledge or reason to know of the underlying                      
          transaction which produced the omitted income is sufficient to              
          preclude relief under section 6015(b)(1).  See Cheshire v.                  
          Commissioner, 115 T.C. 183, 192 (2000).  In the Cheshire case,              
          the taxpayer knew of the entire amount of retirement                        
          distributions and interest earned, even though she did not know             
          they were taxable.                                                          
               Although Barbara knew that Raymond bought, sold, and traded            






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