John A. Rowe and Donna L. Rowe - Page 21




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          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 that               








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