- 54 - 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 tradedPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011