- 21 - In our opinion, the extreme facts and circumstances presented represent just such a situation envisioned by Congress. 2. Actual Knowledge Respondent argues that even if this item were allocable to Mr. Rowe, petitioner still had actual knowledge and reason to know of the item because she testified that she sorted the mail and opened letters addressed to her. Respondent claims that petitioner must have known about the IRA because periodic statements from the financial institution managing the account were addressed to her individually at her home address. As we mentioned earlier, petitioner credibly testified that before 1995 she was not aware of the existence of any retirement accounts or plans in her name. Petitioner testified that she usually collected the mail, but that she never saw any letters notifying her of the existence of the IRA or the distributions. Mr. Rowe testified that sometimes he picked up the mail, and petitioners’ son, Christopher, testified that whoever got home first would pick up the mail. Additionally, Mr. Rowe testified that he provided petitioner with no information regarding retirement planning. Whether petitioner had an actual and clear awareness of the omitted income is an essential fact respondent is required to establish under section 6015(c)(3)(C). Respondent has failed to establish this fact. Accordingly, we hold thatPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011